Does the primary beneficiary of a probated estate in Illinois inherit monetary gifts that were assigned to other beneficiaries, but who cannot be located?

My late aunt designated me as her
primary beneficiary in her will, but
also left monetary gifts to other
beneficiaries. Some of those
beneficiaries have been unable to be
found by the executor. So I am
wondering, does the money that is left
unclaimed by those beneficiaries go to
me or to the state of Illinois, or
happens to it? Thank you for your help

Asked on November 29, 2018 under Estate Planning, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the will states that if another beneficiary cannot be located or paid for some reason, then their portion will go to you. If the will does not say that, however, then because the will is "silent" about this situation (doesn't cover it), the unclaimed portions should pass by interstate succession, or the rules for who gets what when there is no will. That is generally to a spouse first, then children, then parents, then siblings, then more distant relatives.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.