Legal Question in Wills and Trusts in Illinois

If she left the gift through her will or through a trust then the trust may say who gets the gift. When I write a trust I include a provision that if a charity no longer exists then the trustee should look for a similar charity with the same goals.

Your aunt may not have had such a document. Without seeing her documents it is tough to tell what will happen.

Taking your question at face value, the gift to the charitable organization will "lapse." This means the assets will go to the other beneficiaries under the will. If there are none, then by intestacy which basically means to the decedent's next of kin.

But Mr. Olofsson's answer is also correct. The will could have named a contingent beneficiary if the charity is no longer in existence. You need to have the will read and evaluated by and estate administration professional.

www.legacylaws.com.

Consult an attorney. The doctrine of "cy pres" may apply, which will apply the funds to a different charity under certain circumstances. Also, are you absolutely certain that the closed charity has no corporate successor?

I strongly advise you to ask an attorney to specifically review the language of the gift and the charitable organization before you presume that the gift has lapsed.

Feel free to call me if you'd like to discuss this further. I won't charge for the phone call.