Legal Question in Wills and Trusts in Illinois

My mother-in-law recently passed away. Before she died, she told me several times to withdraw all money out of an account that both our names were on when she died. However, her will states that all funds should be divided amongst her children. Who is legally entitled to this money?


Asked on 1/20/11, 5:15 pm

2 Answers from Attorneys

Technically the will doesn't "speak" until she dies so if there is nothing left, there is nothing to give. And if she was competent to handle her own affairs at the time, it's pretty much a done deal. The question I would have as a prospective heir, is why she would defeat the purpose of her will? If she was not competent to make the decision to withdraw, or was confused, it would seem to be an ethical issue for you. Since there may be some issues here if any of the other would-be distributees of her estate take issue with how the money "disappeared" (the typical claim would be "duress" of some kind), you could wind up in a situation where you might have to settle by sharing to avoid a family feud. This one's a tough call.

Read more
Answered on 1/25/11, 8:28 pm
Thomas Moens Moens Law Offices, Chartered

Legally, it depends on how the account was titled and whether the money was withdrawn before her death. Ethically, well, you know the answer to that one.

Read more
Answered on 1/26/11, 6:29 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois