Chicago, IL asked in Estate Planning for Illinois

Q: My grandmother passed in 2012 and I received a letter saying I am an heir by law to her estate but not a beneficiary.

My father died 2 months before her and it says her assets would be divided equally among her surviving children. So does that mean since my father died, his kids don't get anything or do we get his share?

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2 Lawyer Answers

A: It kind of sounds like your interpretation is correct, but without seeing the documents it is impossible to know for sure. You need to consult with a local attorney in the jurisdiction where the estate is being probated. You can probably get a brief consultation to answer this question and provide guidance about what you should be doing from this point forward for not a lot of money -- some attorneys even do brief consultations free or at a VERY reduced rate so you can know what to expect and how to proceed.

Seek out that local opinion, but it sounds like you may not be entitled to a share in the estate.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

A: Heirs are those persons who would receive if there was no will.

In your case, assuming the grandmother did not have a living husband, all of her children would receive an equal share.

If any of her children were predeceased, their children (grandchildren) would receive an equal share from their father or mother.

If your father was one of 3 children, he would receive a third.

And, if you were one of 4 children, then you would receive a quarter of your father's share.

Just because someone is a legal heir does not mean they get anything.

If there is a valid will, it controls the distribution.

Your grandmother could have written in her will that the legatees were her living children on the date of her death.

That would make you an heir but not a legatee (beneficiary).

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