Legal Question in Wills and Trusts in Illinois

Question on wills

Hello,

My grandmother had passed away in Noveber of 2003. Before that my mother had passed away several years back. a couple of months passed after my mother passed away my grandmother filled out a will wihtout naming her in the will.

My grandmother had a total of three children including my mom. Only for some reason when my grandmother filled out her will she did not include my mother as a beneficery sibling.

Now the will was set that one true sibling recieves 1/3, the other true sibling recieves 1/3 and the grandchildren divide the last 1/3.

Now Im not being greedy on this but to make a long story short my immediate family is extremely greedy. And I suspect that they convinced my Gram not to include my mother in the will even though she was deceased.

Would I have the right to get my mother included as a sibling in the will and have the will split up again on my mothers behalf? if so how can I do this?

Your help is appreciated.


Asked on 6/16/04, 8:15 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Question on wills

If your grandmother was "of sound mind" when she had the will drafted, and there was no duress on the part of family members to force her to make the distribution to beneficiaries in this way, then there is probably not a lot you can do.

From what you say, she provided for her children who were living at the time of her death, and for her grandchildren. Since your mother had predeceased your grandmother, there was no reason to name her in the will.

However, this answer is based on the information you have provided. There may be other information that could change the answer I have provided. Only an attorney who reviews the will and other existing documents or evidence showing that this may not have been your grandmother's intent, would be able to tell you whether you have an action.

Good luck to you.

Read more
Answered on 6/16/04, 9:33 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois