Legal Question in Wills and Trusts in Illinois
Will & Trust
On item 4 the will lists all benefactors yet naming a trustee for a sibling of which is 37 and competent. Item 5 states ''Notwithstanding any provisions contained in the will to the contrary, if any descendant of a grandchild of mine has not attained the age of 25 at the time any of my estate becomes distributed to him or her, then such descendant''t shares of my estate shall pass and be distributed to the legal representative of my estate, as trustee against his or her receipt and upon his or her written undertaking to deliver such descendant's shares of my estate to him or her at the time he or she attains the age of 25, and in the meantime to hold it in trust and use it for medical care, maintenance, and education of such descendant. ''
Does item 5 mean that since the benefactor in question should have full control of his shares since he is well over the age of 25?
1 Answer from Attorneys
Re: Will & Trust
If the will was drafted when the beneficiary in question was under the age of 25, then probably the provisions of Item 5 were meant to apply to that beneficiary. Consult an attorney who can look over the will to help determine exactly what the situation is, as it's hard to really know for sure without seeing the will or knowing all the facts.
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