Legal Question in Wills and Trusts in Illinois
My aunt has just passed away leaving no will, and had never had a husband, no any children. My grandmothers will was the last one on this estate. In the will it states, THIRD: I give devise and bequeath all of my property, real, personal, or mixed and wherever situated, to my daughter ******. If she be deceased, then to ********. (which is my father) My grandmother passed away in 1991, and my aunt this month. Does my father have the rights to this estate as previously mentioned since my aunt has passed? Or was that only if my aunt had passed before my grandmother?
3 Answers from Attorneys
It seems to me that everything would go according to your aunt's estate. If she had no will, then it would pass according to the laws of intestacy. To her parents and her siblings.
If all is understood correctly, your aunt had inherited without any reservations. The assets became hers and now it is her estate distribution that must be determined. Under Illinois law, that would be in equal shares to siblings and parents, if any, allowing double to a sole surviving parent. Descendants of deceased siblings would divide that share. Someone needs to see an attorney to review and start the process.
Your grandmother's estate came into existence on the date of her death, and the entitlement to your grandmother's estate by heirs and beneficiaries is determined by reference to the date of her death. Similarly, your aunt's estate is created upon her death. How to divide and distribute your aunt's estate is a function of how she held title to the assets she owned on the date of her death. Accounts, such as bank accounts or retirement accounts, and life insurance policies may have beneficiary designations which govern to whom the assets should be distributed. If she owned real estate, a conversation with an attorney is probably going to be helpful.