Legal Question in Wills and Trusts in Illinois
My Grandpa died 3 years ago his estate was never closed as a property was being sold. In that time my Dad died. My dad is entitled to 50% of the property being sold. Question is would the 50% of the house being sold be split among the Wife/Children or would the children who were directly related to the grandfather be entitled to the full half of the deceased father? State is Illinois.
2 Answers from Attorneys
Assuming your dad's share vested under the terms of the will, then your dad's share of your grandpa's estate would go to your dad's estate.
Your dad's estate (including this 50% share) would then pass according to your dad's will, or if he had no will, then to his own heirs by state law. This would be his wife, children and descendants of deceased children. Your dad's estate will probably also require probate.
I highly suggest you talk to a probate attorney (in the county where your dad lived) as soon as possible.
I agree with Attorney Gottlieb.
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