Legal Question in Wills and Trusts in Illinois
Missing person/beneficiary in will
My brother has chosen to 'disappear' and not have any contact with his family members. My mother still has him listed in her will. He refused to supply her with his SSN before he disappeared. My mother cannot afford to change her will and is under the impression that if he doesn't show up at the time of her death, that he is not entitled to anything. My mother's home is in a land trust and once again my brother is listed as one of the beneficiaries. How will we be able to close my mother's estate, when the time comes, when we cannot find my brother?
1 Answer from Attorneys
Re: Missing person/beneficiary in will
If your brother cannot be found, then the property still passes to him, but will need to be held by the executor of the estate/manager of the land trust. You cannot take his share just because you cannot find him.
It is not expensive to modify the will and land trust documents. You can write your brother out of the will and trust completely or else simply have a clause conditioning his taking the property on him "reappearing." If everything else is still correct, our office can prepare the necessary changes for a few hundred dollars at most. I don't want to quote exact figures without talking in person, but please feel to call us if you want to talk about solving your problem inexpensively.
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