Legal Question in Wills and Trusts in Illinois

how common is it for someone to be named in a Will but is told there was nothing for this person?


Asked on 1/31/11, 4:05 pm

1 Answer from Attorneys

No way of telling. I don't think there are any statistics. But many wills are simply one part of a total "estate plan". Very often the "real" assets, like real estate, stock & bonds, life insurance, etc., are held in joint tenancy or trusts or otherwise designate beneficiaries that pass things along "outside" of probate. So people then make out wills just in case anything else falls through the cracks, and nothing does. Or a will is made out first that seems to give a specific asset to a prospective beneficiary, but after the will is made out the asset is put into a trust and thus doesn't go through probate, but nobody changes the will. Without a trust or similar alternative to a will, all real estate has to go through probate, which for the beneficiaries is just a pain. And in the case of elderly, if they gifted away their estates to avoid having the government take it to reimburse for medicaid benefits, then very little if anything is left over. So, ultimately, too many reasons. But if you think somebody "stole" something, that's different and you have to give more information about what the issue is.

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Answered on 2/01/11, 12:12 pm


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