Legal Question in Wills and Trusts in Illinois

I received a letter informing me of being named as an heir to an estate will. I also received a copy of the will. Is there anything I am required to do? The attorney that sent the letter isn't returning my call. I understand that I am not their client and they are under no obligation to return my call. Thanks in advance.


Asked on 3/01/14, 7:27 am

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

It's really impossible to answer fully without knowing more about the situation. You probably received the letter (and also should have received a couple of standard notices of your rights) because the executor is required by law to send notice to all heirs and legatees within 14 days after the estate is opened.

You mentioned that you are an heir. Are you also named as a beneficiary (legatee) in the Will? If you are only an heir and not a legatee under the Will, then unless the Will is not admitted to probate or is contested you will not receive any distributions.

If you want to discuss the situation and your rights, you should contact your own probate attorney.

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Answered on 3/01/14, 8:42 am
Virginia Prihoda Law Offices of Virginia Prihoda

The word "heir" means the person(s) under state law who inherit if there is no will. If there is a will, the persons who receive property are called "beneficiaries." State law requires that all heirs receive notice concerning probate of the will so the heirs (especially if they are not beneficiaries) have a legal opportunity to contest the will. If you are not named as a beneficiary, you are receiving notice because law requires you to receive notice and under most circumstances, you will be asked to sign a paper signifying that you are OK with the status of the estate and release the estate from any duty to keep sending you notices. If you have doubts as to whether you should sign anything, don't sign it. Take your copy of the will into an attorney's office for a consultation taking your facts and circumstances into account, for a custom opinion which no online resource can provide.

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Answered on 3/03/14, 8:42 am


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