What is Intestate Succession in Illinois?

Do you currently have a last will and testament? If not, you might be under the misconception that making a will is only necessary for people of a certain age or economic bracket. To be sure, many Illinois residents have heard the myth that only wealthy people need to make wills or that only people with assets of significant monetary value need to consider estate planning. There are also myths about age and estate planning, and the misconception that only older adults need to make wills is pervasive. In fact, every adult can benefit from having a will. Wills can help you to have a sense of security for the future, knowing that your property will be taken care of and your children will have someone to look after them. If you do not have a will, the laws of “intestate succession” will apply instead.

What is intestate succession in Illinois? Consider the following information from our Oak Park estate planning lawyers.

What Does it Mean to Die Intestate?

Dying intestate means that you have died without a will, and Illinois intestate succession laws will determine how your assets will be passed onto your heirs.

How Illinois’s Intestate Succession Law Works

Any assets that pass through the probate process will be affected by intestate succession. Certain assets for which beneficiaries are already named (such as life insurance policies or retirement accounts) will not be impacted, but for any possessions that you would otherwise leave to a relative, friend, or charity in a will, intestate succession laws will determine their ownership if you do not have a last will and testament. Here is how Illinois intestate succession laws distribute assets when a person dies without a will:
  • Surviving spouse but no children = spouse receives everything;
  • Surviving children but no spouse = children receiver everything;
  • Surviving spouse and child (or children) = spouse receives ½ of assets and child or children receive other ½ of assets;
  • Surviving parent(s) but no surviving spouse, child, or siblings = parents receive everything;
  • Surviving parent(s) and surviving sibling(s), but no surviving spouse or children = equal distribution among survivors; and
  • Surviving sibling(s) but no surviving spouse, child, or parents = siblings receive everything.
How to Avoid Intestate Succession

If you want to be able to identify certain relatives to receive particular assets, or if you want to ensure that a life partner, friend, charity, or other party receives your assets when you die, it is essential to have a will. An experienced estate planning lawyer can help you to draft a valid will that can clarify your wishes and can ensure that your property passes according to your wishes.

Contact an Oak Park Estate Planning Lawyer Today

If you do not have a last will and testament, you should get in touch with an experienced Oak Park estate planning attorney as soon as you can to discuss making a will. A lawyer at our firm can speak with you today and can answer any questions you have about wills and estate planning more broadly. Contact the Emerson Law Firm to learn more about how we can assist you.



See Related Blog Posts:

What Goes Into a Valid Will in Illinois?

I Do Not Want to Lose My Property: Does This Mean I Should Avoid Bankruptcy?

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