Legal Question in Wills and Trusts in Illinois

my mother is a widow, in her will, she leaves all money to her retired kids./me and my sister/It not a lot/

Do , her late husband kids /also retired/ are entitled to get some of it too ?


Asked on 1/16/17, 8:19 pm

3 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

If your mother left a valid will, the terms in the will control how her estate is distributed. Without seeing the actual will, nobody can say what it says and doesn't say, Contact a probate attorney to review the situation to determine what you should do, if anything.

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Answered on 1/16/17, 8:36 pm
Henry Repay Law Offices of Henry Repay

No, your mother gets to decide what happens with her assets. That is true even if some of those assets were left to her by her husband or were jointly acquired by the two of them. She can consider what would be the right thing to do, but she is not compelled to do the right thing. She should consult with an attorney to be certain that the will actually accomplishes her intentions.

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Answered on 1/17/17, 6:05 am
Virginia Prihoda Law Offices of Virginia Prihoda

Just remember your mother's will controls only those assets without a beneficiary designation: if any of the bank accounts name a beneficiary, these accounts will NOT be controlled by what your mother's will says. Similarly, any property owned with a co-owner may or may not be controlled by the will, depending on how the joint ownership was created.

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Answered on 1/17/17, 8:16 am


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