Legal Question in Wills and Trusts in Illinois

Re: wills regarding linier heirs

Some of this is a good guess because I really do not have all the information needed to clearly assess the situation. While part of the will propably says what you have stated, there must be more. The first part of the uncle's will probably [this is the guess part]says that he gives every thing to his wife, the aunt, if she survives him. She did, so the entire estate is governed by her will. What does her will say? That is the question. If it says as you think half goes to each side then you and your side should get 1/2. You will need the will to make the correct interpretion. If there is a probabe estate opened and if in fact there was a will, it must be filed with the Clerk of the Court in the County where the wife [aunt] died. Write the clerk and get a copy of the will. If you already have a copy of the will which it seems you may then have a lawyer look at it and give you his opinion. Since your side is the executor it would seem easy enough to have the attorney for the executor interpret the will for you.

Re: wills regarding linier heirs

You must get an attorney or at least draft some documents yourself to bring this to the attention of the judge. Unless you oppose the motions of the attorney the judge will grant them.

Re: wills regarding linier heirs

from the facts given so far, you may have a very strong legal interest in the resolution of this case. if you can email me more specific facts regarding the will and its provisions, my Law Firm may be able to assist and/or represent your legal rights in this matter, regardless of jurisdictional considerations.

Re: wills regarding linier heirs

You should at least get some legal input.

There are some things to understand.

It doesn't matter in law whether your family had all the contacts and the other didn't. The court will not write the will they think she *should* have written.

Literally her family *are* the "heirs" -- the meaning of heir is those persons who take in absence of a will. They are the people who the right to challenge the validity of a will.

If heirship is being determined, they are her heirs. That doesn't end it.

If there's a ruling on interpretation of the will, since your side is the executor the attorney may be represesenting your view, and it's coming to climax. If he isn't representing your view, and you have nobody arguing your side then you'd better get someone FAST.

The key question is what does the will say?

You say they had "a" will? Does that mean a joint will in which they left to each other and then spell out 50-50? Did they have separate wills to each other and then say 50-50? Or wills to each other and each say their heirs?

The answers to these questions will determine your rights, and cannot be done without actual reading of the words of the will(s).

I will be happy to discuss with you further. You can e-mail and explain more, you can fax me the wills at 312-896-5047. Or you can call me monday at 312-346-7899.