Legal Question in Wills and Trusts in Illinois
My father passe away. My uncle had him change the will. His IRA beneficiary is solely my daughter. It can't be touched by anyone. The new will states that the remaining two accounts my father had is to be split 60% to my stepmother, 20% to myself and 20% to my daughter. My uncle is saying that the money from the IRA is figured into that and that my daughter will not be receiving 20 % from the other accounts and that most my 20% is in the IRA so I will be receiving a small check form the other two accounts.
My question is, MY 20% has nothing to do with the IRA and my daughter is still entitled to 20% of the other two accounts. Can my uncle legally do this??
2 Answers from Attorneys
I'd recommend getting in touch with a probate attorney. The situation, as you've described it, is unacceptable. Of course, the documents may say something different, but it is worthwhile looking into to make sure your daughter gets exactly what your father had intended.
I am sorry for your loss. Generally, assets that pass by beneficiary designation are not part of the estate. So, you and your daughter would be entitled to the full percentage from the assets that are part of the estate. If the will, however, was specific as to this, then your uncle may have an argument. I would certainly work with an experienced probate attorney to contest the intention or interpret the will.
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