Legal Question in Wills and Trusts in Illinois

My grandmother, without a will, just died in Illinois, her husband is deceased, she is left with a son and daughter. They are siblings to my mother who died before my grandmother. Am I eligible for any of my grandmothers assets because of my mother being a daughter even tho she is deceased

Asked on 7/02/20, 6:11 am

2 Answers from Attorneys

Michael Goldberg Johnston Tomei Lenczycki & Goldberg LLC

It is quite possible that you are. Often in wills distributions are left to beneficiaries per stirpes, meaning that if the beneficiary passes away before the person who created the will, then the deceased beneficiary's share passes to the deceased beneficiary's descendants. Provided the will describes distributions to your mother per stirpes, then you would be entitled to her share of the estate. Your first step is to request a copy of the will to review it to determine whether that is the case. If it is the case, then you will want to get in contact with the executor to determine next steps.

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Answered on 7/02/20, 6:53 am
Henry Repay Law Offices of Henry Repay

I am sorry for your loss. Yes, you are entitled. Since your grandmother passed without a will, with her spouse having predeceased her, Illinois law would provide for the estate to pass to her children with the share of any deceased child passing down to the descendants. Are you aware whether there is an estate to speak of (assets such as a home with equity, investments, vehicles, ...)? Conversely, are there any obligations (debt or other liabilities)? Are you aware whether anyone is taking steps to handle the estate?

For reference, the statute reads: "(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes." The term "per stirpes" indicates the passage of shares down each line of descendants.

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Answered on 7/02/20, 1:27 pm

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