Legal Question in Wills and Trusts in Illinois
If a father passed away two years ago , his only daughter passed the previous year, he had a will leaving his only son executer of the will with his son getting all the property/ground the father owned, and a granddaughter (his daughters daugher) receiving all the stock he owned. What would happen if the son never told the granddaughter she was to get the stock own by his father and the son has already spent every penny of it
3 Answers from Attorneys
If the will stated "per stirpes" (most wills do to prevent failure of a gift to a child where there are grandchildren) then the granddaughter inherited in place of her mother (the daughter - your sister apparently) and the executor's actions are very possibly a breach of his fiduciary obligations and for which the executor could be personally liable. Hire an attorney.
I strongly recommend that you review all of the details of this matter with an attorney who often handles these types of matters. Many such attorneys offer free consultations.
Unfortunately, Mr. Messutta and I both practice at the opposite end of Illinois. However, LawGuru does have search tools to help you find someone near you.
The granddaughter, or one of her representatives if she is a minor, should talk with an attorney in your locale as soon as possible, bringing a copy of the father's will, if availble.
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