Estate Mess

[J Tropp]

What is the name of your state? Illinois
I am an heir to my Aunt's estate. I am not named in the will. What rights, dispersments, etc. do I have?
Thank you.

 

[Dandy Don]

Who is named? Are they relatives of hers or not?

You may be next of kin but you are NOT an official heir unless you were named in the will. As such you have no rights.

You need to have an attorney look at the will to determine if you would have valid grounds for contesting it or not and then be willing to pay a few thousand dollars to retain an attorney to defend your case which doesn't sound too strong at this point.

She has the right to leave her money to whomever she wants to leave it to.

DANDY DON IN OKLAHOMA ([email protected])

 

[BelizeBreeze]

What is the name of your state? Illinois
I am an heir to my Aunt's estate. I am not named in the will. What rights, dispersments, etc. do I have?
Thank you.

How do you figure you are an heir?

 

[J Tropp]

The estate lawyer acknowledged that I am an heir in his statement of asetes at date of death letter that went to my brother and myself. My brother is named in the will along with the executor(another neice). I have an attorney out of state and its hard to communicate at times. Most of her estate was in various trusts and there is a large amount that had my mothers name on it, but she passed away a few years ago and Aunt did not change the accounts. So if it goes into the estate, do I recieve anything?

 

[BelizeBreeze]

The estate lawyer acknowledged that I am an heir in his statement of asetes at date of death letter that went to my brother and myself. My brother is named in the will along with the executor(another neice). I have an attorney out of state and its hard to communicate at times. Most of her estate was in various trusts and there is a large amount that had my mothers name on it, but she passed away a few years ago and Aunt did not change the accounts. So if it goes into the estate, do I recieve anything?

So, from your explanation you are NOT an heir of your aunt's estate but of your mother's trust estate.

And that's why you need to find out about the trusts and the beneficiaries of those trusts, how they are held and what, if any provisions in the will are made towards the trust.

 

[J Tropp]

Hello,
On those of Moms accounts, only Aunt and her were joint owners with no one else's names on them. The will seems vague about the dispersements.

 

[BelizeBreeze]

Mom's heirs will inherit her portion either by her will or, if she didn't have one, by intestate succession.

Either get hold of the attorney handling the probate or hire a new one to look after your interests. At a minimum, you need to know the contents of the trusts and how they are dispersed.

 

[Dandy Don]

You need clarification from the attorney who told you you were an "heir" to find out exactly what he meant. He could have been saying that you might qualify to be a possible heir, or he could have meant that you were specifically named as a beneficiary in one of the trusts. Do you know for sure if you are named in the will or not?

DANDY DON IN OKLAHOMA ([email protected])