Legal Question in Wills and Trusts in Illinois

Re: How is an Estate settled when on of the children died before settlement

Is anything in court? A lot may depend on the mother's will. You need to see what it says. Sometimes a will says that a person needs to survive 30 days after the will maker's death and if not he's treated like he predeceased the will maker. In other words your father may not get anything from the mother because he didn't live long enough...what happens if he predeceases the mother? Does what he would have received go to the kids...look at the will. Another possibility is that he does inherit from the mother so now you look to your father's will to see how his assets are to be distributed.