Northbrook, IL asked in Estate Planning for Illinois

Q: If both people die who are to receive money from a will. Who should the funds be forwarded to if any.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: It really depends on how the will is worded and whether the heirs predeceased the decedent or died after the decedent died and if so how long after the decedent died. If the two heirs predeceased the decedent and the will has no remote contingent beneficiaries, then the estate would go to the nearest kin according to the laws of intestate succession. If the two heirs died after the decedent but survived longer than the survivorship period in the will (or if none, state law), then their estates inherit and that means two more probates. Their shares would pass according to their wills or the laws of intestate succession if they don't have wills.

As you can tell, it's complicated. For the best advice regarding your particular circumstances, contact a probate attorney in your area.

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