Legal Question in Real Estate Law in Illinois

land trust vs Will

If a land trust was set up in 2002 leaving parents' (now deceased) house/property equally shared by their 3 children - but the last parents' Will - set up in 1979- leaves one of the children their house/property. Which is now legally binding - the land trust or the Will??


Asked on 7/19/08, 4:54 pm

1 Answer from Attorneys

Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: land trust vs Will

The land trust will control since the title was in that, not in the parents' names (if I understand your facts correctly). However, not being much of an estate planning or probate expert, maybe there's some way it could be contested if a probate case is opened up.

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Answered on 7/21/08, 3:06 pm


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