Legal Question in Wills and Trusts in Illinois

property left to heirs of body, only child deceased, two grandsons and three great grandchildren survive, where does property go ?


Asked on 10/14/12, 10:47 am

3 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

It depends on whether bequest is "per stirpes" or "by representation." Most likely bequest will go to two grandsons 50/50 and the 3 great grandchild will take under the parent. This is per stirpes. If the Will says by representation, then each potential heir would receive 20% of the Estate assuming only 5 potential heirs.

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Answered on 10/14/12, 10:52 am
Virginia Prihoda Law Offices of Virginia Prihoda

Most probably: children of deceased chlid one share each, great grandchildren not entitled to a share unless their parent (grandson) is deceased..

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Answered on 10/14/12, 10:54 am
Henry Repay Law Offices of Henry Repay

This is a matter of local law and it appears you are posting from a zip code out of this area. Most likely, two grandsons take unless there is a deceased grandchild.

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Answered on 10/14/12, 12:57 pm


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