Legal Question in Elder Law in Illinois

1/2 - as heirs, any property in the parent's name alone passes, 1/2 to the spouse and 1/2 to the kids. But that presumes there are any assets in the parent's name alone. Many assets are held in joint tenancy, and pass on the death of one joint tenant to the surviving joint tenant.

I assume that when the parent dies, the parent was a resident of Illinois, and that the parent has not placed assets into a Trust.

In that case, then, yes, both the current spouse and the adult children will be allowed a share of all assets that are still owned in that parent's name, alone, after that parent's death.

However, that only applies to assets that remain in the parent's name AFTER the parent's death, and there are certain ways around this general rule. For example, if the parent holds assets in joint tenancy with the current spouse or has made the current spouse a beneficiary of assets then, at the parent's death, those assets will only be transferred to the spouse and no one else.

If you have further questions about this, I recommend that you consult with an attorney. Most attorneys who practice in this area will provide you with free consultations.