Legal Question in Wills and Trusts in Illinois
My grandmother died almost a year ago. My mother is one of three children. She did not receive much in the will because two of the children are still living in the house (although she has had the responsibility of sharing the debt 3 ways). The one thing she did receive is a simple antique rocking chair. According to my mom, the will says that the rocking chair is hers but she can only have it when the oldest (living in the house) is ready to give it to her. The oldest is not willing to give my mom the chair because she claims my grandmother told her to never let it leave the house, which is why it was worded that way in the will.
Does my mom have any rights? Is there a reasonable time when her sister has to allow her what is rightfully and legally hers?
Thank you. Robert O'Toole
3 Answers from Attorneys
If the will says "ready to give it to her" then that is when your mom can have the chair. There is no other way that I know of to get the chair.
There is no way answer this question without looking at the actual Will document to interpret the specific language.
A bequest of the chair to your mother but only when her sister is ready to give it to her sounds like a contradiction in terms. Have your mother take the will to a lawyer who specializes in estate planning.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
