Legal Question in Wills and Trusts in Illinois

Remainder interest

Does anyone know…if a life estate recipient disclaims his interest, does the remainder interest vest immediately? In the state of Illinois, it seems to be that the disclaimant is treated as though they predeceased the beneficiary, thus implying that the remainder interest would in fact vest. Or does the life estate pass to the residuary?

If anyone has the answer, please let me know. In the past 3 months, I have hired 4 attorneys and NONE of them have done anything. Not a single one has even responded to an email. Each one has told me “yes” and they will help with the disclaimer, but then dropped off the face of the planet after receiving payment, so I am weary at best now. I now have 1 week to get this disclaimer filed.


Asked on 10/22/07, 6:51 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Remainder interest

Where is the estate located? Is the situation that you are a beneficiary or executor in Colorado with the estate/property in Illinois?

Generally, if a person who is granted a life estate disclaims his interest, it is treated as if he predeceased the decedent. The disclaimed share would then pass to the next beneficiary named pursuant to the terms of the trust.

The next beneficiary would probably not be granted the same life estate, unless the trust provided for a successor interest in such a life estate.

Please feel free to contact me to discuss this further.

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Answered on 10/23/07, 12:04 pm


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