Legal Question in Wills and Trusts in Illinois

If neither spouse had a will at death and there is property titled in their name or individual name, the Illinois law of intestacy determines the distribution of estate property. Children of

the husband and other relatives of both spouses will have rights to property. It can be

complex but a probate court will administer the estate, pay any debts, and distribute the

property.

To properly answer your question, everything would need to be reviewed. Understanding that there is not any will, that the sister died first and assuming the husband was not involved in the murder, Illinois law provides for everything of hers to have passed to him since she did not have children. The property then being his, would pass to his children, since no spouse, together with his own property. You should go over the background in an appointment where the circumstances can be fully understood for reliable guidance to be given.

It all depends on the order in which the family members died and how title to the dededent's property was held. Some forms of property have beneficiary designations or co-ownership features which make it possible to deliver the property to the beneficiary or co-owner immediately on death. Any assets held in the decedent's name only will be distributable according to the laws of intestacy--which any qualified lawyer can help the sister determine. Only by knowing the timing of the deaths of the sister and her spouse will yield a correct answer.