Legal Question in Wills and Trusts in Illinois

Heirs

I would like to know if I am an heir in an estate and one of the heirs of the same estate died before the estate was closed is the sister that died before the estate was closed children entitled to her part of her inheritance

if she died before the estate was finalized

I would also like to know in an estate where there is no will how is the inheritance distribution. Do the niece and nephew precedent over the sister and brothers? If one of the sister wanted to be an excutive is this not her right over a niece or nephew.


Asked on 11/25/06, 2:57 pm

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Heirs

1. Share of heir who died after the decedent would be part of heir's estate, unless decedent's will provides otherwise.

2. Intestate estate is according to statute -- when no spouse or descendants, then divided among surviving parents and siblings, with the descendants of a deceased sibling taking their parent's share.

3. Sister has preference to serve as intestate administrator over a niece/nephew.

For legal advice, contact an attorney directly.

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Answered on 11/25/06, 3:08 pm


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