Legal Question in Wills and Trusts in Illinois

Re: estate

Without a will, the estate is divided and distributed according to the laws of the state of Illinois.

If there is no surviving spouse, descendent (children, grandchildren), parent, brother, sister, or descendant of a brother or sister, or grandparents, then

1/2 of the estate goes to the descendants of the maternal grandparents "per stirpes" and

1/2 of the estate goes to the descendants of the paternal grandparents "per stirpes"

Per stirpes means in equal shares to the children of the next generation, and then to their descendants if the first generation person has predeceased.

For example, if a person leaves his estate to his 2 children "per stirpes" and one of his children has predeceased him, then that child's share goes to that child's children, etc.