Redmond, WA asked in Estate Planning for Illinois

Q: Can property given by the decedent 7 years before death count as part of the recipient's share of the estate?

My grandmother gave me her china for my 2009 wedding, and the executor included it (as well as items given to me in 2013) as part of my intended third of the estate after my grandmother's 2016 death.

Related Topics:
2 Lawyer Answers
  • Estate Planning Lawyer
  • Moline, IL
  • Licensed in Illinois

A: If she did not mention the china in the will, then no it did not belong to the grandmother when she died.

She can only will what she owns.

Josh Rohrscheib agrees with this answer

1 user found this answer helpful

  • Estate Planning Lawyer
  • Decatur, IL
  • Licensed in Illinois

A: I agree with Mr. Choudhry's response.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.