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Deceased person is survived by descendants and no spouse: the descendants receive the entire property. Deceased person is only survived by parents or siblings: the parents and siblings equally inherit the estate; however, if one parent is deceased, the other parent receives a double share of the estate.
Generally, the heirs of the decedent are their surviving spouse and children, including all of decedent's biological children and adopted children.
Only the final divorce or annulment order or a revised will can revoke bequests to the surviving spouse. Surviving spouses who are disinherited will still have the option to renounce the decedent's will and claim a portion of the estate.
If a deceased person is only survived by their parents, siblings, or descendants of deceased siblings, the parents and siblings equally inherit the estate. In the case where one parent is deceased, the living parent will receive a double share of the estate.
Living Trusts In Illinois, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
If the decedent dies leaving descendants, but no spouse, the entire estate goes to the descendants per stirpes. If the decedent dies leaving both a spouse and descendants, the estate goes 1/2 to the spouse and 1/2 to the descendants per stirpes.
An heir is the person who legally stands to inherit assets in the absence of direction from the decedent. Whereas a legatee is someone the decedent has directed shall receive assets. So if a decedent had a will leaving money to a nephew, the nephew is a legatee.
Spouses in Illinois Inheritance Law If you have living descendants, your spouse will get half of the inheritance, and your descendants will get the other half of the inheritance. However, grandchildren will only receive a share if their parents are not alive to receive their share.
Spouses in Illinois Inheritance Law If you have no living descendants, your spouse gets all of the intestate property. If you have living descendants, your spouse will get half of the inheritance, and your descendants will get the other half of the inheritance.
The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the deceased's grandchildren will be the legal heirs.