Legal Question in Wills and Trusts in Illinois

The settlement will be divided into 8 shares. One share for each living child (5) and the share for the deceased child will be divided into 3 shares.

www.legacylaws.com.

The parent's Estate still has 6 shares, 1 for each child that was living at the parent's date of death. However, instead of giving 1 share to a now-deceased child, the parent's Estate must give that share to the now-deceased child's Estate, unless the parent's estate plan has other directions.

If the parent's estate plan does not have other directions, then... The now-deceased child's Estate might require probate. If the now-deceased child had a Will, such Will probably controls that the distribution of all of the now-deceased child's assets, including his 1/6 share from his parent's Estate. If the now-deceased child was married at his death, his spouse will likely be entitled to a share of all assets in the now-deceased child's name (including his 1/6 share from his parent's Estate). The share allocable to the now-deceased child's three children cannot be determined by these facts alone.

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