Legal Question in Wills and Trusts in Illinois
property left to heirs of body, only child deceased, two grandsons and three great grandchildren survive, where does property go ?
3 Answers from Attorneys
It depends on whether bequest is "per stirpes" or "by representation." Most likely bequest will go to two grandsons 50/50 and the 3 great grandchild will take under the parent. This is per stirpes. If the Will says by representation, then each potential heir would receive 20% of the Estate assuming only 5 potential heirs.
Most probably: children of deceased chlid one share each, great grandchildren not entitled to a share unless their parent (grandson) is deceased..
This is a matter of local law and it appears you are posting from a zip code out of this area. Most likely, two grandsons take unless there is a deceased grandchild.