Legal Question in Wills and Trusts in Illinois

lineal descendants

Please decipher -plus child A died w/0 will and no children but has mother and sister:

I hereby devise and bequeath the fee simple title of my real estate in equal shares to my grand children namely child A, child--name removed-- Child C and child D and their lineal descendants per stirpes and not per capita.


Asked on 11/25/03, 1:12 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: lineal descendants

Assuming that the title has vested in the grandchildren in equal shares prior to the death of Child A, and Child A dies unmarried, childless, and without a will, the Illinois statute provides that Child A's parents, or the survivor of them get 2 shares, and each surviving sibling gets on share, with any descendants of a deceased sibling taking the deceased sibling's one share by representation (that, is per stirpes)

Assuming Child A has no other blood relatives, the mother would receive 2/3rds of the 25% interest, and the sister receives 1/3rd of the 25% interest.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 11/25/03, 5:38 pm


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