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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 12995
Experience:  B.A.; M.B.A.; J.D.
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I know of a lady that passed away about eight months ago and

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I know of a lady that passed away about eight months ago and some money went directly to her son; the rest of her estate was to be split between her living son and her three granddaughters from a son that was already deceased. About three months after the lady passed away, her living son was killed in a car wreck. This lady's ex-husband, which was the father of this boy laid claim that everything was his. This is a true story believe it or not and is going on right now. The ex-husband then passed away. His daughter from his first marriage, no relationship to the lady, decided she is entitled to as much of this estate as her half brother would get after her dad passed away. My argument is that this estate never went through probate court for this lady, so things were not even legally the living son's at the time he passed away to make it his dad's when he passed and then his half sister's after that. I say that if her estate did not go through probate that anything she had would be her three granddaughter's. These girls are being led to believe that this is not the case. What do you think? Should they get an attorney? The oldest one is 18. Thank you.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Was there a Will for the lady?
Customer: replied 1 year ago.

Yes.


 


 

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.


Your initial post: I know of a lady that passed away about eight months ago and some money went directly to her son; the rest of her estate was to be split between her living son and her three granddaughters from a son that was already deceased. About three months after the lady passed away, her living son was killed in a car wreck. This lady's ex-husband, which was the father of this boy laid claim that everything was his. This is a true story believe it or not and is going on right now. The ex-husband then passed away. His daughter from his first marriage, no relationship to the lady, decided she is entitled to as much of this estate as her half brother would get after her dad passed away. My argument is that this estate never went through probate court for this lady, so things were not even legally the living son's at the time he passed away to make it his dad's when he passed and then his half sister's after that. I say that if her estate did not go through probate that anything she had would be her three granddaughter's.

Response 1: That is not correct. Since the son survived the mother and presumably if there is no provision in the Will for the period of survival of a beneficiary in order for the beneficiary to inherit the estate, the son's children would be entitled to the share of their father's. So, the estate of the lady belongs to the children of the son who survived the mother, but died three months later and the children of the son who predeceased his mother.

These girls are being led to believe that this is not the case. What do you think?





Response 2:
The girls are 50% owners of their grandmother's estate.





Should they get an attorney? The oldest one is 18. Thank you.



Response 3: Yes, they should to ensure that their inheritance is not stolen. You can use the following sites to find local probate litigation Attorneys:





http://www.lawyers.com




http://www.justia.com



Customer: replied 1 year ago.

The son that passed away after his mother did did not have any children. The three grandchildren are the son's that passed away before the mother, so would all of the estate go to these three grandchildren now.

Expert:  Phillips Esq. replied 1 year ago.

The son that passed away after his mother did did not have any children. The three grandchildren are the son's that passed away before the mother, so would all of the estate go to these three grandchildren now.


Response:
Thank you for the clarification.

The son's share would go to his estate. So, the girls would still get 50% of the estate.

Customer: replied 1 year ago.

Is the half sister or his nieces,the ladies granddaughter's, entitled to the son's estate that passed away after his mother?

Expert:  Phillips Esq. replied 1 year ago.

Is the half sister or his nieces,the ladies granddaughter's, entitled to the son's estate that passed away after his mother?


Response: If the son that was killed in a car wreck had a Will, his share would go to the person or persons he designated in his Will to receive the rest and residue of his estate. If he did not have a Will, his share would go to the person or persons who are entitled to his estate by law, pursuant to Illinois Intestate Statutes, Illinois Probate Act of 1975. See 755 ILCS 5/2-1:


http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=3700000&SeqEnd=5000000

Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 12995
Experience: B.A.; M.B.A.; J.D.
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