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Will my daughter get her share of the money if her and I are in it under per stripes?

Hoffman Estates, IL |

In my fathers will it leaves all of his account of the estate to be in equal shares to me, my daughter and my other to siblings per stripes. Is my daughter intitel to the money under that and in IL law?

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Attorney answers 4

Posted

Without seeing the exact language of the will, it is difficult to tell for sure, but it appears that you and your daughter will each take a share of the estate, along with your siblings or if your siblings predecease your father, then your siblings' descendants will take equal portions of what their parents would have taken. Since you have not furnished the exact language of the will, it is not possible to tell for sure. You really should ask that author of the will or another attorney who has the benefit reviewing the will in person

Posted

Your question seems to be aimed at the difference between what your father left by will and what your daughter would be entitled to without a will. Your father was free to leave everything just the way he wanted. It appears that he wanted your daughter to share equally with you and your siblings.

If your died without a will, you and your siblings would share equally (if your father left no surviving wife) and your daughter would receive nothing.

Asker

Posted

My daughter name is in the will. My daughter ,two sisters and I. It says all accounts of the estate of death to be giving in equal shares per stripes. My sister says my daughter is not intitel to anything. Because she is my daughter and how this could be read. I feel that is wrong. By law of IL is it?

Posted

If your daughter is named as a beneficiary in the same group with all the others in that paragraph it sounds like she takes a share as well...that is somewhat unusual as many people who make a will leave to their children (and then per stirpes to the children of deceased children, aka grandchildren) but it is not unheard of and it is up to him. I would want to read the exact language and the entire will to know for sure.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Posted

As already suggested, having someone look at the exact language would be required to give reliable advice. As you have phrased it, it sounds like the estate is to be split four ways with each of you getting a one-fourth interest. It is likely the "per stirpes" designation would only come into play if something happened to any of the four of you. It means that if something should happen to one of you, that person's share would then go that persons descendants. So, for example, if one of your siblings passes before your father, that sibling's one-fourth would be further divided among his or her descendants. If something happened to you, if the will is written as you indicate, your daughter would still get her one-quarter, but she would also have rights to your interest. If she is your only descendant, then she would take your share. If you had other children, then she may only take part of your share. Again, someone should be looking at the document to give you a proper interpretation and see if there are other clauses that may have an impact. If your father has any concerns, he should set up an appointment with the attorney who prepared the will or, if he prefers, a new attorney. Also, he should be mindful that the will does not govern everything. Joint accounts at a bank pass to the surviving joint holder. Same with vehicles jointly titled. Pensions, life insurance proceeds and similar accounts often pass to a named beneficiary. Your father should make sure he has properly assessed where everything will end up.

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

Asker

Posted

Thank you. My father passed away. Do you know if my fathers home equity would be my sole responsibility? His house he had me on the deed as joint with the right of survivorship. He took out the home equity in his name only but after his death the house is mine. Is that bill for me only or part of the estate?