If a person in Illinois passes away without a will, the state’s intestate succession laws determine their heirs. This identifies who will inherit the deceased’s real estate, property, money, bank accounts, businesses, shares and even debts. It depends on whether the deceased has a spouse and children, a spouse and no children, children and no spouse or neither children nor a spouse.
How is the inheritance passed down the family tree?
If the deceased has a spouse and children, the inheritance is divided between them equally into two halves — the spouse getting one half and the children getting the other. If the person only has a spouse, then they receive the entire estate. On the other hand, if the person only has children, then the inheritance is split between them equally.
However, if the estate holder had no spouse and no children of their own, their assets are passed down the family tree in a certain order. These are first given to parents and siblings. If there are none, it is given to nieces and nephews, then to grandparents, to aunts and uncles and finally to cousins. In cases where the deceased has no family, their belongings instead go to the state of Illinois, though this rarely happens.
How does adoption affect inheritance rights?
The Illinois Probate Act of 1975 gives adopted children the same rights as biological children with regard to inheritance. This means that if a parent dies without writing a will, their adopted children will be able to inherit just as much as the ones that came from them naturally. This means that all children, provided that no surviving spouse exists, will inherit the properties, finances and belongings of their parents.
Furthermore, adopted children do not inherit anything from their biological parents. This is because adoption severs all legal ties between the child and their birth parents. However, this is not always the case. An adopted child still has inheritance rights if their biological parents explicitly include them in their will.
Navigating laws concerning probate
Probate is difficult to navigate and make sense of without the help of a legal professional. Many people consult attorneys to help them understand complex laws as well as their rights.