Legal Question in Wills and Trusts in Illinois

land heirs

My Father left land property to me and his brothers. I'm wondering if one of his brothers passes away, does that share go to his children, or is it divided up between the others on the will. Thanks.


Asked on 2/16/04, 6:46 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: land heirs

Depends on if your father is living or deceased. If living, as Mr. Pollack has already advised you, the will would need to be reviewed. If he has already passed away, and he passed away prior to the other brother's death, the other brother's share would go to his heirs (i.e., his children, spouse, etc.) or to whomever he named in his will.

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Answered on 2/17/04, 11:36 am
Jay Pollak The Pollak Law Firm, LLC

Re: land heirs

Since you refer to a will in your question then the answer to your question will be found in the will itself. While it is impossible for me to guess what the will says, many wills provide for what is called a "per stirpes" distribution. In your case it would mean that if one of your father's brothes dies before your father,which seems impossible because your father is already deceased, the share would go to the brother. If the brother subequently dies before distribution of his share, again the will governs. And again I can only take a guess at what the will states. But many wills provide that the share would go to the descendants of the subsequently deceased brother. In the alternative that share might pass under the deceased brother's will. I guess the bottom line is you need to have some one look at the will with the real facts before him.

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Answered on 2/16/04, 8:31 pm


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