Legal Question in Wills and Trusts in Illinois
The estate is based in illinois.
Firstly - Grandfather died
Secondly - Father died (I'm legally adopted by him)
Thirdly - Grandmother died
Grandfather/Grandmother have two living children. From what I'm reading it seems to say that my step-sister and I will receive would have been my father's portion of the estate since he died.
I'm listed as an heir. (I Was originally listed as a legatee but I just got a letter stating that I should be removed as legatee and properly listed as an heir since I am adopted.)
My question is - to clarify the following statements from the will:
Section three of the will specifically provides that the residue of her estate goes to "the decedents by blood of any child of mine who predeceases me shall take per stirpes the share such deceased child would have received if he survived me."
and
Section four of the will further provides "It is my intention to exclude from my will any descendant who is a descendant by reason of adoption and is not a descendant by reason of blood relationship"
2 Answers from Attorneys
There is enough to the situation to warrant you getting advice beyond a site like this, but my impression is that the will excludes you. If so, they are correct in notifying you as an heir, but not as a legatee.
Although I am not sure it matters, you use the term "step-sister," but I am assuming that would be your sister by adoption, your father's natural child. It sounds like your grandparents provided that only she should benefit from the share of their estate intended for your father.
You received a notice because the law requires that heirs be notified of the probate proceedings. To obtain specific advice, you would need to consult with an attorney to determine if you have any right to participate in your grandparents' estates. A reading of the wills: grandfather's, father's and grandmother's is needed. If there is any possibility you were adopted AND share bloodline with the family?
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