Legal Question in Wills and Trusts in Illinois

There are many possibilities depending of facts not provided in your question.

Is it a will and not a trust? Some laymen use the terms interchangably but it makes a difference.

First look to the instructions in the will. Does the will say what happens upon the death of a beneficiary?

If the will is silent on this issue, then look to the "anti-lapse" provision of the statute. In Illinois this means that if the deceased beneficiary was a descendant of the testator (the one who made the will) and the deceased beneficiary left living descendants then they inherit the deceased beneficiary's share equally.

If there are no descendants of the deceased beneficiary then the share lapses to the residuary which means the other two beneficiaries would take.

There are other possibilities depending on facts not provided. This is not legal advice, just an illustration of one possible scenario. Please consult with a specialist in estate planning. My contact information can be found at: www.legacylaws.com.

We offer a free consultation.

Be careful. The Will or Trust might actually contain language that describes what happens upon the death of a beneficiary. However, this may be in legal shorthand (usually with the use of Latin) or in (what seems like) a strange place. I strongly advise you to get an attorney to look it over.

Also, when consulting with an attorney about this, be sure to tell the attorney who died first. This will make a difference in determining the other beneficiaries rights, if any.

Feel free to give me a call. I also offer free consultations.