Legal Question in Wills and Trusts in Illinois
heir named in will is deceased
My Aunt just passed away and my father was one of three named in my Aunts will, but my father passed away a year ago. When He realized he was terminal he conveyed his wishes to the Executor of my Aunts estate that he would like anything hes willed to go to his legal heir, (daughter). Am I as his daughter entitled to his share of her estate? Do I have any legal right to pursue this if Im not.? If you could help me Id appreciate it. I live payu check to paycheck and can't afford legal assistance at this time. Thank you, Lisa
2 Answers from Attorneys
Re: heir named in will is deceased
You are only entitled to share in the estate if the will names you in the will or if under certain circumstances your father was still named in the will. If you are named then it is clear that you have a share. If neither you or your father are named you have no right at all. Your Aunt has a right to give her estate to whoever she wishes. If you father was still named in the will and the will provides that his share is to be distributed "per stirpes" then you as his surviving heir may have a claim. In this case your aunts will, will govern.
Re: heir named in will is deceased
The reply by Mr. Pollack is correct
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