Legal Question in Wills and Trusts in Illinois
2nd generation beneficiaries
My Grandmother died in Oct of 2008. Her will divided her estate equally between her two children. One of her children is deceased (my mother). Do my siblings and myself automatically become the beneficiaries of my mothers half of the estate. This is in Illinois.
2 Answers from Attorneys
Re: 2nd generation beneficiaries
It depends on the verbiage and the very specific legal terms used the Will, but there is a certainly a possibility that you and your siblings would step into your mother's position. I suggest you take the Will to a probate lawyer for review.
Re: 2nd generation beneficiaries
Likely, yes. If the bequest was to your mother "per stirpes" then the descendants of a deceased beneficiary will take in equal shares.
However, it all depends on the terms of the will. The law does not mandate a per stirpes distribution.
Also, watch out for that word "automatically." Wills go through probate which is anything but automatic.
If you need to discuss it visit us on our website www.legacylaws.com.
Good luck.
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