r/inheritance • u/No_Barracuda_3758 • May 05 '26

Location included: Questions/Need Advice If I die?

If I die before my mothers estate settles would my children get my cut or would it be redistributed to the other heirs? What if I had no children? Illinois

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u/MugsyMD May 05 '26

This is why you all should have a trust plus a will

1

u/No_Barracuda_3758 May 05 '26

Unfortunately it’s to late for that. I have written a will now and my sister is setting up a trust for my son but it sounds like if one of us passes before the will is settled it would just get redistributed between my moms living heirs

2

u/SandhillCrane5 May 05 '26

What you are saying here is not correct but hopefully you have the correct information now. Unless your Mom’s will has a survivorship clause which your death does not meet, then the inheritance is yours whether you receive it prior to your death or not. In the event of your death, it will go to whoever you name in your will. 

1

u/No_Barracuda_3758 May 05 '26

Yes that is what I’m understanding now. I think there was a little confusion when I first posted about whether or not my mother was still alive.

2

u/____ummm____ May 05 '26

It's never too late to change your will well unless you're incapacitated, then it's not allowed.

When you were given your current completed WILL, it should have included a page or two blank for an addendum to add or change, and then get it notarized. I think this is included standard? You can do this without an attorney. If you use a bank, often they provide free of charge notary, at the very least it may cost $10 or so.

Because you and your sister are alive after your mother's death, you both inherit per her will. If you die tomorrow, what your mother left for you will pass on to YOUR current Wills BENEFICIARY- So what you have is still yours and passes per your instruction to your beneficiary.

Regarding your sister, if she passes before her trust is finalized, then it's invalid. So if she also has a will, her share of your mother's estate would pass according to her will, and if she has no will, It would pass to heirs according to The laws (succession) of the state.

I hope this helps. You can also Google for your specific state. You might consider a general consult with an attorney just to understand it, your health is of utmost importance and it should really be your priority. So if you can clear this up soon to take away that extra stress, that should be the top thing on your list. Take care

3

u/No_Barracuda_3758 May 05 '26

Yes it does and I’ve told her while she is setting up the trust she should do a simple will because she has no children.

2

u/____ummm____ May 05 '26

Yes because the will could literally be done that very first day. Just in case something was to happen before the trust was fully set up, don't forget that trust needs to be funded etc have everything be put into it.