What to do if money is to be awarded to an estate that has already been closed?

I was executor for my fathers estate, which has closed. Received notice that he is to receive a small inheritance +/- $10,000. How do I claim this now? All assets have been distributed, costs paid, no claims, estate now is closed. Can I submit the previous “letter of office” to claim this, or do I file a small estate affadavit? Is the old Will still in effect?

Asked on August 31, 2011 Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read the terms of the will that your father is to receive a small inheritance under to see if your father receives the entire amount if he survived the person making the will or not and ifyour father did not survive the person making the will, does the share that was to go to your father go to your father's designated heirs in this other will?

I major issue is did your father survive the person making the will giving him a $10,000 inheritance or did the person making the $10,000 bequest die after your father. The reason is that a will as a matter of law speaks at death.

If your father died after the person making the gift of the $10,000, then you might need to re-open the proabte of your father's estate to pick up the $10,000 and have it distributed under his will's wishes.

Good question.

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