Legal Question in Wills and Trusts in Illinois
My Mother's Will
My Mother passed away in November of 2004. In her will she left $7,000.00 to my son. But my Stepfather is still alive should he give him the money now that she is gone, they both have wills and his also said that my son should get $7,000.00. He is selling there house so he will then have it.I have not mention this to my stepfather because I don't know the answer. Thank you
Sherry
1 Answer from Attorneys
Re: My Mother's Will
If the will leaves the money to your son, then it must be given to him, either directly or in trust if he is a minor. Of course, this assumes that your mother died leaving an estate.
If all her assets were held in joint tenancy with her husband, then technically, she may not have an estate to fulfill the bequest.
You should consult with an attorney or talk to the executor of her estate to determine if she left any separate assets from which to pay the $7000.
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