Legal Question in Wills and Trusts in Illinois
Do grandchildren have any rights to an estate that goes to probate?
2 Answers from Attorneys
It depends entirely on the terms of distribution provided for in the will, if any. If there is no will it depends on whether the grandchildren are "heirs" of the decedent. A free consultation with an estate attorney will guide you to the correct answer. www.legacylaws.com
Is there a Will or Trust that gives a grandchild something either directly or indirectly (e.g. due to the death of a parent)? If so, then that grandchild has certain privileges.
If there is no Will or Trust, then is the grandchild's parent (who is the child of the grandparent) living? Is such parent disabled? If so (to either question), then the grandchild has certain privileges which may be pursued either for himself or on behalf of his disabled parent.
Did the grandparent owe money to the grandchild?
In any other circumstance, then the grandchild probably will not be considered an "interested person" in regards to the probate. However, this may or may not be the case for you. I advise you to review your personal circumstances with a lawyer who practices in this area. Feel free to call me for a free consultation.