Feldkamp estate clean-up

Marengo-area residents Jack and Audrey Feldkamp were killed on the night of June 7 in their home in unincorporated McHenry County. Their son, Scott Feldkamp, 53, was injured and shot and killed Doran Bloom, who is reported as having stabbed all three Feldkamps. John died first; then Audrey died.

Both John and Audrey have Wills dated January 26, 2006, and they have been filed with the Circuit Court. Each is a simple Will and makes no reference to testamentary trusts. There is no pour-over provision in either will. They are "mirror" wills, leaving everything outright to a surviving spouse or, if none, then in equal shares to surviving children.

Two children survive their parents, Scott Feldkamp and Jaclynn Feldkamp. (Don't stop reading yet; it gets better.)

Scott is named the Executor in each. Scott has filed petitions in the matter of the Estate of his mother. The petitions are for Letters of Administration (for Independent Administration under Article 28) and to establish heirship (perhaps this is done to inform the court that the two children named in the Will are living).

Here's the possible kicker, and the answer won't be clear until more is known about the assets in each estate. Did Mrs. Feldkamp have substantial assets in her own name? Did Mr. Feldkamp have any assets?

SECTION 5 of the Wills reads, "No person named in this Will shall be deemed to have survived me unless living on the thirtieth day after the day of my death."

Since Mr. Feldkamp died first and Mrs. Feldkamp died shortly after him, she would not inherit from him. His assets go to their two children. But no petitions have been filed regarding Mr. Feldkamp's Will. Likewise, her assets would not go to her husband, but to the two children.

One charge of the Executor is pay all debts of the Estate, along with funeral and administrative expenses and taxes.

John and Audrey Feldkamp are named defendants in a mortgage foreclosure concerning Liberty Arbour LLC, that involves $1,068,000. Will all the Feldkamp assets end up with Resource Bank?