Legal Question in Wills and Trusts in Illinois

Prior to his passing in Sep. 2010, deceased bought and received tickets to a football game which is not scheduled until mid-Oct. 2010. Deceased issued notes to all family members stating that tickets were purchased as gifts for all family members. Upon his passing, deceased left a will and trust, which leaves all tangible personal property to one of his daughters. To date, tickets have not been entered into any inventory of the estate.

If tickets are used, is this considered acceptance of the terms of the will and trust?


Asked on 10/07/10, 7:45 am

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Interesting question. If the tickets were purchased as gifts and he communicated to whom he was giving the tickets then that ought to be a valid lifetime gift and not pass through the Will. Of course, I would presume that one of the tickets was for himself, so then that ticket would be part of his estate.

If we're working under the theory that the tickets were lifetime gifts then using those tickets should not constitute acceptance of the terms of the trust and will.

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Answered on 10/12/10, 7:58 am


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