Dies Without A Will

What Happens When Someone Dies Without A Will – Law Offices of Anthony R. Scifo

When someone passes away in the state of Illinois without a will, intestate succession laws hold that their assets typically go to the closest living relatives. Here’s a quick look at how intestate succession applies in Illinois:

Who receives what depends upon whether the deceased has living children, living parents or other close relatives. If, at the time you die, you have children but do not have a spouse, the children inherit all assets. The size of the share depends on how many children you have. Likewise, if you do not have children but do have a spouse, it’s the spouse who will receive the assets. For those who are single and did not have children at the time of death, the deceased’s parents inherit the assets. For those who die with no living parents, no spouse and no children, the assets go to any living siblings.

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If you pass away without a will and do not have any living relatives, your assets and property will revert to the state. However, this is a rare occurrence because laws are intended to get property and possessions to relatives. For example, your assets will not wind up in Illinois’ coffers if you have living grandchildren, grandparents, siblings, cousins, nephews or nieces.

For someone to inherit your assets the state’s intestate rules hold they must survive you by at least 120 hours. As an example, consider if you and your sibling are in a fatal accident and you perish instantly. Then, your sibling dies ten hours later. Your sibling’s estate would not receive your assets.

For more helpful information on intestate succession in the state of Illinois, call our offices for a free consultation.