Legal Question in Wills and Trusts in Illinois

Did grandfather have a Will? If yes, then look at the terms of the Will. If not, then they would be entitled to a share of the probate estate, if any. More facts need to be assessed before a complete answer can be determined.

If the grandfather had a will, its terms govern. With only a few limitations for spouses and minor children, it is absolutely up to him to decide how his estate should pass. If the grandfather did not have a will, then your children's father's share should pass down and be divided. In any event, they should receive notice of any probate case. I would be pleased to speak with you briefly to better evaluate the circumstances.

Was grandpa married on the date of his death? Did your children's father have any siblings? While the laws governing wills and intestacy provide an answer to who gets what, it may be advisable for your adult kids to work with grandma and their aunts and uncles, if any, to find out if there was a will and to determine who will be stepping forward to manage administering the decedent's estate. Now is an opportunity for the family to support each other to preserve the family relationships.