Legal Question in Wills and Trusts in Illinois

A neighbor of mine died last August. He had a will dividing up his money. His sister was one of the beneficiaries and died before the will could be finalized. The attorney handling the will contacted a neice and told her to set up an estate for the deceased sister. Is this correct? Or should the money be divided up between those listed in the will. The neighbor did not want to leave any other relatives but his sister money.

Asked on 11/03/11, 8:00 am

3 Answers from Attorneys

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Why are you getting involved? If you are not an attorney you would be giving legal advice which is not allowed in Illinois. The attorney may be right depending on how the will was drawn up and who other beneficiaries were. So without seeing the will, no good answer can be given. But if you are interested, feel free to read Section 4-11 of the Illinois Probate Act (755 ILCS 5/4‑11).

Answered on 11/03/11, 8:13 am

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Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

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I certainly agree with Mr. Messutta. This does not concern you. It is not your business. The niece has been advised by an attorney as to what she should do. If she doesn't trust that advice then she should contact and hire another attorney to discuss the matter with her or to open a probate of the deceased sister's estate. Just because a survivor dies before receiving a bequest under another's Will does not mean that the gift fails. That issue is generally resolved by the terms of the original decedent's Will. That being said, you still need to mind your own business and stop trying to practice law without a license.

Answered on 11/03/11, 8:19 am

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