Legal Question in Wills and Trusts in Illinois
amount that's joint between 2 people & one is deceased
The debate is over my Great aunt's will she wrote in 1995. In paragraph 8, it lists 1/4 going to my Uncle & Mom jointly. My Mom died 4 years ago, but my aunt never updated her will. Is my uncle entitled to the entire 1/4, or does 1/8 go to us, as her descendents? The court in Chicago refused to hear the case & my uncle has proposed a settlement dividing Mom's 1/8 into thirds with 1/3 going to my other uncle, 1/3 to my stepfather who she was married to at the time of her death & the other third going to us, her four kids. My sister doesn't think it's fair, but we're concerned that my Uncle will rescind his settlement, take it to court & win.
2 Answers from Attorneys
Re: amount that's joint between 2 people & one is deceased
Hello. I strongly suggests
settling this dispute. Who
wants to fight family members.
If you settle via a court
order, your uncle and the
rest of the family is legally
obligated by court order to
follow the terms of the agreement. Good Luck.
Re: amount that's joint between 2 people & one is deceased
Sounds like another case of poor drafting. Without seeing the actual language in its context it is difficult to make a determination. But, unless the langauge in the will says something like "otherwise per stirpes to her then living descendants", then it probably goes to the surviving joint beneficiary, your uncle. In any case, before you sign a settlement, I would recommend having an attorney review the exact language in the document and research related caselaw. Feel free to e-mail me if you would like me to review the document and case law, if necessary.
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