Legal Question in Wills and Trusts in Illinois
Our 95-yr-old great-aunt just died. She had no children. Her will lists over half a dozen nieces and nephews, some of whom have died, some of whom we haven't heard from in decades and may live out of the country, to divide her estate in equal portions "per stirpes." We wonder how far "down the family tree" we have to try and look to find the descendants, before dividing her estate between those we can locate? (She had a common last name, so the internet hasn't been much help.)
2 Answers from Attorneys
If you cannot locate a beneficiary, or confirm that all following the family line has deceased, you must leave their share with an Illinois agency. In Cook County, it's generally the Cook County Treasurer. To best protect yourself, I strongly recommend that you have the help of an attorney for this.
If you cannot confirm whether a beneficiary is alive or deceased, or if deceased, who their living descendants are, then the estate is probably going to be left with an "unknown heirs" situation. Newspaper publication would be made for beneficiaries that cannot be located and for unknown heirs. Ultimately if the beneficiary or heirs cannot be located then their shares are deposited with the Treasurer in the country where the estate is probated, which can be later claimed by the beneficiary/heirs, or their heirs, from the Treasurer.
There are companies that specialize in genealogical searches in these types of situations, so it may also be beneficial to look into that.
In any case, the Will should be filed and if there are assets to be administered under the Will, the executor should retain legal counsel to assist her in beginning the probate process.
I have more information on Illinois probate at my website at www.illinoisestateplan.com
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