Illinois  |  Wills and Trusts

Legal Question

Asked on: 12/12/05, 3:50 pm

Lawsuit settlement and wills

A settlement has been awarded in our family's favor. My mother died of mesothelioma, and a company has settled out of court. My parents will was drawn up in Illinois but they resided full time in Florida when they passed away. The probate attorney in Florida has told us that in the will it was said that all monies would be left in trust for me until the age of 25. My sister was to get all possessions, homes, property, etc. and my brother was not named in the will. He has not contested the will and the time allowance has run out. The attorney that is representing us is out of Texas and has told me that the settlement check is in the heir department at their law firm and the heir department is determining what amounts of the settlement go to what heirs. Does this override my parents' will? If it does, can that be contested and what can we expect to happen with future settlements?

Thank you for your time.

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