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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37097
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My grandmother passed away, and her three boys, and one

Customer Question

My grandmother passed away, and her three boys, and one granddaughter was listed as having an interest in her house. My question is there are two other grandkids from one of her so s that passed before her. Do they have an interest in the property, even though not listed in the will?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Illinois
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you saying that one of the sons passed, but he had two children?

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Have you seen the will or do you have a copy of it?

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thanks

Barrister

Customer: replied 11 months ago.
a son has passed, and he had a daughter, and son that was not named in the will. Do they legally have an interest in the property as well? Her intentions was they were not to.
Expert:  Barrister replied 11 months ago.

This is going to depend strictly on what the will says. If it has a "survivorship clause" that states that any heir has to survive the testator in order to inherit, then they would not because if an heir passes, then their gift terminates as well and the surviving heirs divide up the entire estate.

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But if it doesn't have a survivorship clause, and state that they take "per stirpes" then the children would inherit their deceased parent's share. The children basically "step into the shoes" of the parent and divide their share equally.

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So to know for sure, you have to look at the will..

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thanks

Barrister