Legal Question in Wills and Trusts in Illinois
When a person dies and leaves a will and gives everything to his nephew and the deceased has two living children and they were not mentioned at all in the will is the will legal? Do you have to notify the two children of the death and the will?
1 Answer from Attorneys
The children have no right to inherit. When disinheriting children it is better practice to mention them in the will and say that it is being done intentionally. But this is not required in Illinois. (Some states, like Texas, do require it). The disposition to the nephew is legal.
As far as notice is concerned I need more facts. If the will is being probated then, yes, heirs are notified. Even if the will is not probated it should be filed with the probate clerk in the county of the decedent's residence. It will thus be available for examination by the children.
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