Legal Question in Wills and Trusts in Illinois

Presumed custody of step daughter

My wifes father passed away on September 3,2003. She was going over her parents papers when she came across her parents will. The problem is the will of her parents has assumed that my wife has already passed and that the grandparents have custody of my wife's minor child and in that will, they pass custody to my wifes sister and brother-in-law'' if grandparent dies. My wife was never consulted on this issue. Is it legal for an attorney in the state of Illinois to include such a clause in the will of persons who DO NOT have custody?


Asked on 10/08/03, 12:08 am

1 Answer from Attorneys
John Pembroke John J. Pembroke & Associates LLC

Re: Presumed custody of step daughter

Sure. YOur will can give away the Brooklyn Bridge, but if its not in your estate, that clause won't have any effect. the grandparents may have included this clause in an excess of caution, and out of consideration for their grandchildren.

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Answered on 10/08/03, 7:30 pm


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