Legal Question in Wills and Trusts in Illinois

deceased executor

Grandpa from Illinois passed on and the will stated that grandaughter (we will call her Sami) was to execute the will along with inherit property and monies. Sami passed away before grandpa. In the will, grandpa states ''No person named or described in this Will shall be deemed to have survived me unless he or she is living on the thirtieth day after the day of my death. My question: since Sami has passed away, would her children inherit what Sami was to inherit or would Sami be void from the will because she is not deemed to survive grandpa since she passed before him? Hope this makes sense


Asked on 10/14/05, 2:24 pm

2 Answers from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: deceased executor

Since Sami is a descendant of the testator, the Illinois "anti-lapse" statute would apply. This means that Sami's children (and descendants of a deceased child) would take Sami's share UNLESS the will expressly provides otherwise. The clause you quoted doesn't address this situation. The Will needs to be read very carefully to make a proper determination, and if it isn't clear then a judge may need to decide.

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Answered on 10/14/05, 2:42 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: deceased executor

My answer is "that depends." I have to read the rest of the section from which you took that sentence. Also, if the phrase "per sterpies" is in the will after the listing of the heirs, then it means Sami's children inherit her share. The will must be filed with the court in the county in which your grandfather lived within 30 days. It could be a criminal offense if the person in possession of the will does not file it. Then the estate needs a lawyer. The lawyer can answer all your questions. If you need a lawyer, please call me.

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Answered on 10/15/05, 8:22 am


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