Legal Question in Wills and Trusts in Illinois

Inheritance

If a will is wrote that 3 brothers are to receive25% and two charities receive a 10% and a 5% a grandson has a college fund of 60,000.00 and a daughter is the only heir,and all assets are in a living trust, how are the percentages figured out at the passing of the person?


Asked on 8/12/08, 5:12 pm

2 Answers from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Inheritance

Honestly I don't think there is a way to tell without looking at the document itself, plus the living trust documents, etc. You should have a consultation with a local probate attorney.

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Answered on 8/12/08, 5:17 pm
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Re: Inheritance

Well, it really depends on your living trust. Typically when you have a will and a living trust, the will only applies to property that is not held in the living trust. If most of the property is in the living trust, it will pass according to the terms of the trust. Property that is not in the living trust and is not otherwise transferred on death (i.e. through joint tenancy or payable-on-death accounts) should pass according to the terms of the will. You need to have an attorney review the documents.

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Answered on 8/12/08, 6:03 pm


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