Q: Conflict between Italian citizen's will and Illinois partnership agreement.
I have a question regarding a conflict between testamentary dispositions and partnership rules. An Italian citizen, who was a resident and deceased in Italy, left a will with provisions contradicting a partnership agreement made years ago in the USA (specifically Illinois). The partnership agreement stipulated a 50/50 division of interest, but the will states a 75/25 division. There is currently no legal challenge regarding this conflict, and the partnership agreement instructions are being followed by the society. How should this conflict be resolved, and which document takes precedence?
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A: You are going to need an IL attorney in addition to the Italian probate attorney. But whatever the decedent actually owned in the partnership will then go through his Estate, regardless what the will claims it is. Decedent does not get to change his partnership contract through a testamentary legacy at death.
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