Legal Question in Real Estate Law in Illinois
Wills and Estates
My Great Grandmother died in the care of my Grandmother a few weeks ago; however, my Great Uncle is the executor of the estate. Before my Great Grandmother died she had expressed that she wanted my Grandmother to have certain items within her personal possessions. My Great Uncle has changed all the locks on the estate and told my Grandmother that if she wants the items bequeathed to her verbally that she will have to pay for them at auction and the Lawyer will get 15% of the money. Is this right? Does my Grandmother have no right to her own mother's belongings?
2 Answers from Attorneys
Re: Wills and Estates
This is not a real estate question, so I don't profess to be an expert. However, I do know that the difficulty of proving verbal ( as opposed to written) statements are one of the main reasons that these types of statements are not useful in probate court. The estate will pass either pursuant to the will or if there's no will, pursuant to the intestate (without a will) laws.
Re: Wills and Estates
I am afraid that if there is a Will, the provisions of the will control how assets are distributed. If there is no Will, the assets are distibuted based on the intestacy statutes. There is no enforceable right to have alleged verbal statements of the decedent enforced without a Will
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