Legal Question in Wills and Trusts in Illinois

Descendant vs. Child and adoption

Here is the situation. We are inline to receive some property however, the will in question is not very specific. It was filed in Illinois around 1986. It states ''I shall give all such real estate, per stirpes, to the then living descendants of my son, name, and , if none, in equal shares to the then living children of the said father-in-law.

Does living descendant include adopted children? Does the significance of children vs. descendants seem to exclude adopted children?

Thanks


Asked on 3/26/06, 6:43 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Descendant vs. Child and adoption

An adopted person generally inherits the same as would a biological child, if the document itself doesn't preclude an adopted child, or define "adopted" in a way that would preclude an adopted person from inheriting.

You should be advised that it is always best to have an attorney review the document itself. Only such a person can give you an accurate answer to your question.

Good luck to you.

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Answered on 3/26/06, 11:57 pm


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