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How are the proceeds from building distributed under IL. law?

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eddiegorniakjr

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Illinois
My great grandfather died over 50 years ago. His wife and 11 children were living when he died. He owned a 12 apartment building. His will said he wanted his 11 children to split it equally. His wife didn't get a share of the building. In his will he wanted his children's children to get their 1/11th share. So my grandmother had a 1/11th share. She died about 40 years ago without a will. She had six children living when she died. Her husband had died years before her. So my mother was 1 of six living children when my grandmother died. So my mother received 1/6th of my grandmothers 1/11th share. My mother died about 20 years ago. Her husband (my father) was and still is alive. My mother had 4 children. All 4 were alive when my mother died. One of my sisters died about about 10 years after my mother died. My sister's husband has since remarried. But my sister and he had 3 children who are still alive. The building was recently sold. My grandmother's 1/11th share came to about 55,577.82. My mother's 1/6th of my grandmother's 1/11th share came to about 9,262.97.

Here is how a lawyer split her share. He gave my dad 50% which came to 4,631.49. He split the other 50% of my mother's share as follows. My brother, my sister and me each received 1,543.83. He said my sister's 3 children were not entitled to receive anything because my sister is and has been dead for about 10 years. My sister, brother, an me doubled checked with this lawyer when my deceased sister's 3 children didn't get anything. He said they weren't entitled to receive any of the money because my sister isn't still living.

My sister, brother and myself each wanted to take 386.00 from our shares and give it to my sister's 3 children as a share for their mother. This would have left my brother, sister and me with 1158.00. And my sister's 3 children would have split the other 1158.00. But they didn't agree with us. They demanded my father to give them 1543.83 for them to split 3 ways. My nephew ended up talking to that lawyer. The lawyer said under IL. law my mothers share was split giving my dad 50% and the currently surviving 3 children the other 50% split 3 ways. My nephew then asked how much their mother would have received if she was still alive. He said the money would have been split 4 ways instead of 3 ways. They took this to mean that my mother's share of 9,262.97 would have been split between the hypotheitcally survivng 4 children and that my dad would not have recieved anything. We said he meant that the children's 50% or 4,631.49 would have been slpit 4 ways instead of 3 ways. And that would come to 1158 each for my brother, surviving sister and me. And they would split their mother's 1158 3 ways. They refused to accept this. They demanded that my dad and us split my mother's share of 9262.97 4 ways. That would give my brother, surviving sister and me each 2315.74. And they would split my deceased sister's share of 2315.74 between the 3 of them. And they said my dad shouldn't receive any money at all. They supposedly talked to a lawyer. But we didn't hear anything about what their lawyer said.

One of my uncle's talked to the 3 of them. He said would they accept it if my mother's share of 9262.97 was split 5 ways.This would give my dad, brother, surviving sister and me each 1852.59. And the three of them would split the other 1852.59. They accepted this and my dad gave them the 1852.59 from his money. He also tried to give my brother, surviving sister and me each 309.00 to bring us up to the 1852.59. But the 3 of us refuse to take any money from my dad. And we feel he was cheated out of the 1852.59 that he gave to our nephew and nieces.

Can you please tell me the correct way the money should have been split. We are only interested in how my mother's share should be legally split under IL. law?
:confused:
Thanks.
[email protected]
 


eddiegorniakjr

Junior Member
I live in Illinois. Can someone direct me to a site that tells how assets are split up in IL. when someone dies without a will? Thanks.
 

BelizeBreeze

Senior Member
For the situation you attempted to describe here, no one responsible is going to attempt to answer your question. It is simply far to complex and intertwined with missing facts that only a personal review of all relevant probate files will reveal a correct (albeit still opinion) answer.

So, I suggest you have a probate attorney review the entire history and give you an opinion.
 
S

seniorjudge

Guest
eddiegorniakjr said:
I live in Illinois. Can someone direct me to a site that tells how assets are split up in IL. when someone dies without a will? Thanks.
Google
illinois statutes intestate succession
 

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