Legal Question in Wills and Trusts in Illinois

Beneficiary Question

My mother wants her real estate and other investments to go to her only two children at 50% each. One of the children has two biological children; the other has none and in all likelihood, will never have due to his age. He recently married a woman who has grown children. If he should precede my mother in death, she wants to make sure her payable upon death clauses are written so that the money would stay in the bloodline. How should we word the beneficiary information on her non-IRA investments? The will is already written this way.


Asked on 10/29/07, 12:42 pm

1 Answer from Attorneys

Peter Olson The Olson Law Firm, LLC

Re: Beneficiary Question

Just giving the property to the two children per stirpes (means goes to that persons offspring if he/she predeceases) is fine. In-laws (wife) or step children don't get rights in this situation unless your mother would specifically give them rights. These people are not "heirs" of the mother. Unless the children would get adopted then they'd be "heirs."

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Answered on 10/29/07, 2:23 pm


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