Legal Question in Wills and Trusts in Illinois
Division of Estate
My 19 yr old brother recently passed. He recieved a large settlement from a malpractic suit. He was legally imcompotent so he had no will. He had four siblings from my fathers previous marriage, and three sibblings including myself from the second marriage. My father is deceased, and there was no contact between the two sets of siblings. I was told that his estate would be divided between my mother and the surviving siblings. My question to you is: Why wouldn't the whole estate go to my mother or divided among my mother and the siblings who took care of him. (biological)?
2 Answers from Attorneys
Re: Division of Estate
I am sorry for the loss of your brother.
When someone dies intestate (without a will), statutes dictate how the estate is distributed. Under Florida intestacy statutes, your brother's entire estate goes to your (his) mother (if he was not survived by a spouse).
Best wishes.
Re: Division of Estate
I'm sorry for the loss of your brother.
The state legislature creates the law of intestacy -- the state-made will -- to cover situations in which a person dies without a will. It must necessarily be very broad. The law in Illinois is that if a person dies without spouse or descendants it is divided among their siblings (no distinction of whole and half) and parents.
There *is* however, a statute under which a person who has devoted themselves to the care of another person for a period of years can file a claim for services -- and some feel it also widens generally the scope of such claims. I have no idea whether your circumstances fit that statute, but it could be worth discussing.
I'll also point out to you that nothing happens, and there is no division, unless action is actually taken to open a probate estate and go through the proceedings.
If I can be of any help to you, please call me at 312-346-78999.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
