my grandmother just passed away and in her will, she left something for all of her grandchildren and put that her three children are to split the rest of everything. one of her children passed away and she hadn't gotten around to changing her will to exclude him. does his children split the third that was left to him, or do the remaining two children split it and the grandchildren get only what was left to them?
3 Answers from Attorneys
Did the will state per stirpes or per capita? Take the will to a local attorney.
The answer depends on how the will was worded.
If there was no designation of per stirpes or per capita, the default in Illinois is per stirpes, which means that the children would split the 1/3 share. There is going to have to be probate, if only for the judge to issue a judge's deed, so you will need an attorney regardless.