Legal Question in Wills and Trusts in Illinois

Re: legatee or heir

An heir is a person who has standing under the law to inherit from a deceased person and to challenge a will.

An heir may or may not be a legatee, who is a person named in the will of a decedent.

So, given your hypothetical, the mother would be an heir, and the son would be a legatee (not an heir because the mother is still living).

The heirs generally have standing to challenge the appointment of the executor over a legatee who is not an heir.

Hope this helps, but be advised that you should not rely on this as legal advice since I have not had an opportunity to review your situation except for the small amount of information you have provided. My answer may change if I am able to review the will and the other available facts.

Good luck to you.

Re: legatee or heir

Yes, he occupies a higher position because an "heir" is basically the closest living relative. There is no obligation to leave your wealth to your heirs. You can leave your wealth to anyone you wish. This decedent apparantly wanted to skip a generation and leave wealth to the heir's son.

One word of caution. Don't assume the attorney for the estate represents your interests. He doesn't. If you want to make sure your interests are protected then hire separate counsel. I'm available.