Persons Who Die In Illinois Without Wills - article about Persons Who Die In Illinois Without Wills

What Happens To Property Of Persons Who Die In Illinois Without Wills?

Do you have a will? If you have never made a will, ask yourself, do you know who would get your property if you were to die today? If you have children, do you know who would get to raise your children if you were to die today? What if you and your spouse were both to die at the same time? Would the answer change?

The Illinois Intestacy Statute

People who live in Illinois often wonder what happens to persons who die in Illinois without wills. The answers are buried within the Illinois Intestacy Statute, Chapter 5, Section 2-1. How the statute applies to your particular situation is something only a lawyer can tell you, based on the facts that pertain to your life and circumstances.

Generally speaking, the property of a married person who dies in Illinois without a will goes one-half to the deceased's surviving spouse and one-half to the deceased's children. If there is no spouse, the entire estate goes to the children; if there are no children, the entire estate goes to the spouse.

If a person who dies in Illinois without a will has neither a spouse nor any children, the property is divided among their parents, brothers, sisters, nieces, or nephews. If the deceased does not have any these family members, his or her grandparents, great grandparents, or their descendants will inherit their property or, failing that, the person's nearest kin will inherit.

If no kin of any kind is found, property of persons who die without a will in Illinois escheats to the county where the deceased person lived at the time of their death or the county in which the property was located. Anyone who does not have a will should ask themselves right now if they are satisfied with the county receiving all of their property. Perhaps they would rather write a will and leave their property to charity than to let it go to the government.

Family Court

Persons in Illinois who die without a will are also placing their young children at risk. Children under the age of 18 whose parents die will be subjected to the authority of the juvenile court. A judge, not the child's parent, will decide where and with whom the children will live.

On the other hand, if a parent makes a will, the parents can control the children's childhood by selecting a suitable guardian to take the place of the parent in the event of an untimely, sudden death.

Let your friends know about this article!

About our articles...

Terms and Conditions Of Site Usage. If you can't see the graphic please visit refresharticles.com/authors-publishers-terms.php

<a href="http://www.refresharticles.com/articles/children/persons_who_die_in_illinois_without_wills.txt">Persons Who Die In Illinois Without Wills</a>