Dying without a will is called dying “intestate.” Illinois, like most states, has an intestate law that spells out what will happen to the estate of someone who dies without creating a will. Basically, after certain creditors get paid, the assets of the deceased are divided according to the plan set by this law. Here is an overview.
First, if the deceased has a living spouse and children, the spouse gets half and the children get the other half. The children of the deceased divide their half equally. If any child is no longer living, that child’s portion goes to
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