Legal Question in Wills and Trusts in Illinois

What will happen to my grandmother's estate if she doesn't designate a beneficiary?


Asked on 2/17/10, 3:18 pm

2 Answers from Attorneys

You mean a will? It will pass by "intestacy" -- her living children (including one of your parents) would share (and if your grandpa is alive he would too along with them but not equally), except for property that has been specifically put into her name and others -- bank accounts can designate beneficiaries, real estate can be in the name of her and a "joint tenant", and other things. If you're worried about her or having a difficult situation after she passes, time to see if she has these things taken care of and if not to do what you can!!! Good luck.

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Answered on 2/22/10, 3:40 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

While you may have valid concerns about your grandmother's wishes, you should stay out of her affairs as much as possible. If you are largely involved in your grandmother's planning, you may be sued for allegedly applying "undue influence" upon her. I recommend the following steps: (1) Find a good lawyer to refer your grandmother to. (2) Encourage her to call this lawyer to discuss Wills and other ways to make gifts to her family, friends, charities, etc. (3) After your grandmother has told you that she has called a lawyer to discuss this, stay the heck out of it! The lawyer will help your grandmother from there. Feel free to call me to discuss whether I would be a good fit. I won't charge for your phone call, or for a later, introductory phone call with your grandmother.

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Answered on 2/23/10, 6:54 am


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