Legal Question in Wills and Trusts in Illinois

Inheritence

I have an uncle in prison and he was left $60,000 when his grandmother passed a year ago. His family just notified him of this and says he needs to sign over the rights to his money so that everyone can receive their money. Is it true that he has to sign over his rights?


Asked on 12/31/08, 8:39 am

2 Answers from Attorneys
Adam S. Tracy Securities Compliance Group Ltd

Re: Inheritence

Thank you for your question. The most likely answer is "no" - he does not need to hand over the money. My one question for you would be whether he owes criminal restitution? feel free to email me: [email protected].

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Answered on 12/31/08, 8:46 am
Gregory Turza Law Offices of Gregory P Turza

Re: Inheritence

He doesn't have to sign over his rights but the State will confiscate his inheritance to pay for the cost of his incarceration. To avoid this he would have to sign over his inheritance. It is called a qualified disclaimer. It must be signed within 9 months of the date of death so if his grandmother died "a year ago" then this is not an option. Perhaps there are other solutions.

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Answered on 12/31/08, 10:45 am


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