Legal Question in Wills and Trusts in Illinois
My aunt died an identified me to be executor and a beneficiary in her will. My mother was suppose to be executor and beneficiary but died 2 years before my aunt. There were two other beneficiaries in the will and all was to be split 3 ways. My 3 brothers were not mentioned in the will. My one brother says I have to give him money(his share) just as if our mother was alive and executor and beneficiary. I told him that her death ended her rights and that I'm not required to give anyone money. I have given all three brothers some money and plan on giving them more when the building is sold. However, I toild him that I'm not required to give him any money as the probate circuit court decided that earlier and he signed a sheet stating he has no interest in contesting the will. But now he's changed his mind and says he will get a lawyer.
1 Answer from Attorneys
I encourage you to consult with your lawyer as well. I'm not certain as to whether the "sheet" which he signed will effectively bar him from contesting the Will. However, he may have also lost that right with the passage of time.
Also, be careful in how you give money to your brothers. Gifts of more than $13,000 per year often require the filing of a gift tax return.
Feel free to call me for a free consultation if you'd like to discuss this further.
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