Legal Question in Civil Litigation in Illinois

Re: right to sell property left to surviving family members

If there is no will, the decedent's property passes to the children. If the children of the decedent died before the decedent did, property will pass to the grandchildren. So if grandparent had three children and all the children are alive at the time grandparent dies, then the estate is split 3 ways between the children. If grandparent had three children but one dies before grandparent and that child had 2 children, then the estate is distributed with 1/3 going to grandparent's children and 1/6 going to each of the two grandchildren (they split their parent's share). That's generally the only situation where grandchildren can make a claim to the estate when the grandparent dies intestate.

Re: right to sell property left to surviving family members

Depends on whether the grandkid's own parents are alive.