Legal Question in Wills and Trusts in Illinois
Mom died Dec. 2009. she left a will for brother sister and i to be beneficiary's. in it she stated her
entire cash, and belongings be split evenly by 3 kids. has entire money in CD's due to mature
Nov. 2010. Sister told brother and i it was "moms wish" that we be paid a stiped from our inheritance
due monthly till we reach age 65. this was not written in will. I want to be paid out full come
November 2010. What are my legal rights and chances of getting my full inheritance then and
not be paid monthly . thank you
Bonnie Smith
2 Answers from Attorneys
To determine what your chances of receiving your entire inheritance in November are, you will have to review your mother's will. Additionally, the probate process may or may not be complete by then. If it's a relatively straightforward probate, it may be. If you need any assistance, please feel free to call me.
You should also check into whether any of your mother's CDs is owned jointly with another family member or has any beneficiary designation. If your "mom's wish" isn't captured by a relevant writing, it need not be honored. However, your sister may be able to honor your "mom's wish" if she was actually left with your mom's assets. I recommend contacting an attorney to discuss this further. Feel free to call me. I won't charge for the phone call.
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