Legal Question in Wills and Trusts in Illinois
wills
The deceased was 100 years old and did not have a formal will drawn up. A hand written letter states that any remaining money should be split 3 ways between her 3 daughters. One daughter predeceased her mother so the surviving 2 daughters split the 1/3 due their deceased sister between her 4 children. Another hand written note found later states that each grandchild would each get $1000. The notes were written before the one daughter died. Would the 4 children, who are also grandchildren, be entitled to an additional $1000 or are they now treated as their mother would have. The two sisters aren�t sure how to proceed. The surviving daughters are trying their best to follow her wishes. Thanks for any advice.
2 Answers from Attorneys
Re: wills
If I understand your question correctly, the chronology is:
1. Mother died without a will
2. She was survived by two daughters and 4 grandchildren by a deceased daughter.
Right? If so, 1/3 of the mother's estate would go to each surviving daughter and 1/3 divided equally among the grandchildren by the deceased daughter.
So for example, if the total estate were $900,000, each surviving daughter would receive $300,000 and the four grandchildren by the deceased daughter would receive $75,000 each.
This is not legal advice. Many factors not in your question can influence the result. If you would like to have a free chat please call me. My phone number is on my website: www.legacylaws.com.
Re: wills
Unless the letter was properly witnessed by two persons then it is not a Will under Illinois law and would have no legal effect.
The sisters should retain legal counsel before proceeding.
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