Legal Question in Wills and Trusts in Illinois
If someone dies and does not have a will who gets to get his belongings legally?
2 Answers from Attorneys
Applicable state statute would determine who his heirs are and the proportions that they would share his estate. For example, if there is a surviving spouse and children then they would share 1/2 to spouse and 1/2 among children. It goes from there depending on the closest relatives that survived the decedent. It is all specifically proscribed by statute and not discretionary.
Part of the answer depends on what you mean by "belongings." This implies to me his personal property like furniture, jewelry and clothing. This will pass according to statute as Mr. Gottlieb summarized.
However, if financial accounts of any kind that belonged to the decedent are involved you will need to look first to the governing documents that were signed when the account was set up.
Feel free to visit www.legacylaws.com.