Legal Question in Civil Rights Law in Illinois

Dear Sir,my great grand father created a will to among his children and created a private wakf-AL aulad, which says his properties will be managed by eldest male decedent and he has to manage the affairs. He has mentioned the names of beneficiaries from his children. But few of the beneficiaries left and migrated to Pakistan and took citizen ship and one become a justice and other become a brigedier in Pakistan.They are not alive and can their children claim their rights in India ? if so what is the law that allows or disallows?


Asked on 12/24/13, 12:40 am

1 Answer from Attorneys

The will needs to be reviewed, and it should have been both filed in court as well as probated if it pertained to any real property. Most wills made here include legal words "per stirpes" which means that if a beneficiary dies but leaves descendants, the descendants inherit the dead beneficiary's share. After a generation or two this becomes a complete mess if not property managed. I suggest you hire an attorney to research whether there was a probate case, what the results were, and if not, to have the will probated even at this late date before things get even more out of control. The mere fact that beneficiaries moved and even took citizenship elsewhere is irrelevant -- they would have to affirmatively disavow the gift made to them in the will. PS this is not civil rights law - it is estate and probate law so when choosing an attorney keep that in mind so the attorney will have a clue what you really need help with.

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Answered on 12/27/13, 11:38 am


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