Legal Question in Wills and Trusts in Illinois

State Of Illinois Probate Law. Question; In a simple will under Section Two; 'I give my estate, excluding any property which I have power of appointment,to my friend-----"; what and who is excluded property? Are unfound assets and property not appointed outside the purview of the beneficiary?


Asked on 2/04/13, 3:09 pm

1 Answer from Attorneys

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

No. Any unfound assets still belong to the beneficiary of the Will. It does no good legally to hide assets from the intended recipient. Property over which a decedent has power of appointment are such things as bank accounts (TOD or JT Accounts), insurance policies left to specific beneficiaries, ins. policies left to "the Estate" become the property of the Estate beneficiary, pension funds not specifically left to a surviving spouse by the terms of the pension documents. These are a few examples. If the intent of the decedent was that his friend receive all of his property, not left to someone else, then all of the decedent's property belongs to the friend at the time the decendent passes. Hiding such property is theft and can be prosecuted as any other crime.

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Answered on 2/04/13, 3:34 pm


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