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  1. #1
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    Dec 2009
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    Illinois
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    Default Grandchildren's Inheritance of Deceased Parent's Share of Estate

    My question involves estate planning in the state of: llinois

    I thought that I would seek the advice from a law forum, because I really don't know where else to go and my situation is somewhat delicate. A bit of background first and I will proceed with the question.

    My grandparents own several hundred acres. I know for a fact that they have a will and insurance policies. They also had 5 children who are all written into the will that they created. One of their children, my father, died a few years ago. He was to recieve an equal part of the estate and one of their insurance policies. My sister and I were in charge of his estate and inherited everything of his upon his death. I also know that my grandparents have not changed their will or insurance policies and his name is still in them to inherit his part, and they figure that what was his would be given to my sister and I. Unfortunately, their other children are somewhat greedy and I have overheard one talking about how much more they will inherit between four siblings instead of five. My grandparents are still of sound mind and quite capable of taking care of themselves even though they are 80+, but I am afraid that what should have been my fathers, and then someday belong to us, will be split up between the four surviving siblings. I am almost certain that they would protest to my sister and I inheriting anything despite the situation, and would pursue it to make certain we would not get anything.


    So, my question is:

    Since my father is deceased and his name remains in my grandparent's will and insurance policies, will my sister and I inherit his part since we were in charge of and inherited all from his estate; or will his death consider his part in the will and insurance policy void or not hold up in court and go to the other siblings?


    I hope that someone can help me with this question, it's very bothersome to me as I see my deceased father's siblings flocking around my grandparents like vultures just waiting to make their claim.

    Thanks for listening to my long drawn out story!

  2. #2
    Join Date
    Jun 2009
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    California
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    666

    Default Re: Delicate Question About an Illinois Will

    There are different ways that your grandparents wills could be worded that would have different results. To be SURE that your father's share would pass to his heirs when he has predeceased his parents, their will must be worded that way. There are other ways this can happen, but they are more painful. As delicate as you may feel it is, you should have a talk with your grandparents.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    Default Re: Grandchildren's Inheritance of Deceased Parent's Share of Estate

    Since my father is deceased and his name remains in my grandparent's will and insurance policies, will my sister and I inherit his part since we were in charge of and inherited all from his estate; or will his death consider his part in the will and insurance policy void or not hold up in court and go to the other siblings?
    This will depend on the specific contingencies written into your grandparents' wills - whether there is a clause dividing your father's share of the estate between his living children, or whether that share would be dividing amongst his living siblings.

    I am myself awaiting the closure of my grandmother's estate. The last version of her will divided my (deceased) father's share of her estate amongst my siblings and me. Several prior versions alternated between dividing it between my aunt and uncle, and leaving the entire estate to my uncle. No one is required to leave anyone anything at all when they pass - your grandparents can cut everyone out and leave it all to the Humane Society if they want to.

    It's a mite early for you to be worrying about any of this, in any case, as your grandparents are still living.
    I'm not a lawyer, but I play a researcher on the internet!
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  4. #4
    Join Date
    Dec 2009
    Location
    Illinois
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    Default Re: Grandchildren's Inheritance of Deceased Parent's Share of Estate

    As far as I know, their will disburses the land equally amongst the five siblings and because my grandparent's want the land to stay in the family they put in the will that land could only be bought and sold within the family.

    As for a clause dividing the shares of my father's between his living children or siblings, there definitely isn't one. My grandparent's didn't plan on outliving any of their children so it was written quite simply. A few years before my father's death my grandparent's came to me and said that they were thinking of changing their will, writing my dad out and including my sister and I in his share, but they ended up never changing it. So it remains very simple that the land is divided and to be kept in the family.

    Yes, my grandparent's are alive, but I don't think it's too early to be worrying about this situation as over the years their health has been declining and unfortunately they aren't as sharp nearing 90years old.

    I really don't like the idea of my grandparents dying and so for me to bring up the subject to them is very hard indeed. The one time I did bring up the matter of them changing the will, my grandmother didn't seem very keen on talking about the subject and just said "Well, what was your father's should be yours." and it ended at that. My grandparents are old fashioned and I know that they are putting faith in their other children to give my sister and I what would be our father's part. Unfortunately, I have seen how greedy they are and only 2/4 of them would want us to have our father's share.

    The ideal outcome would be that we do inherit our father's share, but I just don't know if it's possible as nothing is clearly written in their will stating that we would inherit his part.

  5. #5
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    Default Re: Grandchildren's Inheritance of Deceased Parent's Share of Estate

    The ideal outcome would be that we do inherit our father's share, but I just don't know if it's possible as nothing is clearly written in their will stating that we would inherit his part.
    If it's not clearly spelled out in the will, you'll inherit nothing, and you don't have a claim to anything, either. The court will divide the unallocated assets amongst your father's living siblings.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  6. #6
    Join Date
    Apr 2009
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    457

    Default Re: Grandchildren's Inheritance of Deceased Parent's Share of Estate

    Quote Quoting LawResearcherMissy
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    If it's not clearly spelled out in the will, you'll inherit nothing, and you don't have a claim to anything, either. The court will divide the unallocated assets amongst your father's living siblings.
    I have to disagree. If the will's provisions do not deal with the share of a predeceased beneficiary, then Illinois' anti-lapse statute would apply.

    (755 ILCS 5/4‑11) (from Ch. 110 1/2, par. 4‑11)
    Sec. 4‑11. Legacy to a deceased legatee.) Unless the testator expressly provides otherwise in his will, (a) if a legacy of a present or future interest is to a descendant of the testator who dies before or after the testator, the descendants of the legatee living when the legacy is to take effect in possession or enjoyment, take per stirpes the estate so bequeathed; (b) if a legacy of a present or future interest is to a class and any member of the class dies before or after the testator, the members of the class living when the legacy is to take effect in possession or enjoyment take the share or shares which the deceased member would have taken if he were then living, except that if the deceased member of the class is a descendant of the testator, the descendants of the deceased member then living shall take per stirpes the share or shares which the deceased member would have taken if he were then living; and (c) except as above provided in (a) and (b), if a legacy lapses by reason of the death of the legatee before the testator, the estate so bequeathed shall be included in and pass as part of the residue under the will, and if the legacy is or becomes part of the residue, the estate so bequeathed shall pass to and be taken by the legatees or those remaining, if any, of the residue in proportions and upon estates corresponding to their respective interests in the residue. The provisions of (a) and (b) do not apply to a future interest which is or becomes indefeasibly vested at the testator's death or at any time thereafter before it takes effect in possession or enjoyment.

  7. #7
    Join Date
    Dec 2009
    Location
    Illinois
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    Default Re: Grandchildren's Inheritance of Deceased Parent's Share of Estate

    Quote Quoting harrylime
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    I have to disagree. If the will's provisions do not deal with the share of a predeceased beneficiary, then Illinois' anti-lapse statute would apply.

    Thanks harrylime, that was incredibly helpful and that section seems to cover exactly what I was talking about. I believe that you have answered my question best, props to you!!

  8. #8
    Join Date
    Sep 2005
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    Default Re: Grandchildren's Inheritance of Deceased Parent's Share of Estate

    Note that insurance proceeds pass outside of the estate, and it's important to look at the language defining the beneficiaries or beneficiary class to determine what would happen with a deceased beneficiary's share. Also, the will can provide for what happens in the event of a lapse - the anti-lapse statute applies only when the will is silent.

  9. #9
    Join Date
    Dec 2009
    Location
    Illinois
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    Default Re: Grandchildren's Inheritance of Deceased Parent's Share of Estate

    Quote Quoting Mr. Knowitall
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    Note that insurance proceeds pass outside of the estate, and it's important to look at the language defining the beneficiaries or beneficiary class to determine what would happen with a deceased beneficiary's share. Also, the will can provide for what happens in the event of a lapse - the anti-lapse statute applies only when the will is silent.
    Thanks Mr.Knowitall. So, in any case, it would be best to advise my grandparents to change anything that was in my father's name to ours if they do want us to have what was his, which is what they have expressed in the past.

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