Legal Question in Wills and Trusts in Illinois

If a relative has died and leaves a will that states "property left to existing children should be sold and dis-burst in equal amount to all surviving children, or if one surviving child wants to own the property they are to buy out the other existing children in equal value of what the property is worth at that time" what actions can be taken to begin honoring this legal will ?


Asked on 11/07/09, 9:54 am

2 Answers from Attorneys

Gregory Turza Law Offices of Gregory P Turza

The question sort of answers itself. Either sell the property and equally divide the proceeds or distribute the property to the one who will buy the others out. This can be done either by agreement to a fair market value or by appraisal.

Wills generally go through probate, but if the real estate is the only asset then there are ways to administer the estate without the time and expense involved in probate.

For more information please go to my website: www.legacylaws.com. I would be happy to help.

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Answered on 11/12/09, 10:17 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

I can't say for certain without actually looking at the provision in the Will. It seems as if the Will requires that any tangible personal property (e.g. vehicles, jewelry, furniture) be sold, and then the resulting cash be disbursed in an equal amount to each child of the deceased. However, any child could purchase property that they want from the Estate. So, for example, if a child wants one of the cars, the Estate could sell the car to that child for its actual "fair market" value. That child would ultimately receive some of his money back when the resulting cash is disbursed to himself and his siblings. Feel free to contact me if you'd like to talk this through a bit more.

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Answered on 11/12/09, 5:31 pm


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