Legal Question in Wills and Trusts in Illinois
Does Dresser Belong to our Family?
My father was left a dresser in his aunts will, my father passed away before his aunt. The executor of the will told us my father was in the will, but he decided to put it in an auction instead of fufilling the will.
2 Answers from Attorneys
Re: Does Dresser Belong to our Family?
It depends on how the will was written. It would either go to his heirs or to the beneficiaries in the will's residuary clause. An attorney would have to take a look at the will to give you an answer.
Re: Does Dresser Belong to our Family?
this is called a lapsed bequest.
The dresser was left to your father. Your father is not there to receive it.
The person could have said "to my brother but if he dies before me then to his children" but didn't.
It is therefore part of the residue of the estate and goes (or its value) to those who receive the residue.
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