Legal Question in Wills and Trusts in Illinois
Laws of succession of Heirs
I am seeking information on the laws of succession of heirs. When Mom died she left all surviving adult children except one deceased, who left 2 surviving adult children.
What are the laws regarding this issue? Is there a certain period of time this person had to survive to be an heir or his children for that matter to my Mom's estate? By the way she died intestate, if that makes a difference.
Thank you for any info you can provide.
1 Answer from Attorneys
Re: Laws of succession of Heirs
When a person dies intestate, the distribution would all go to her children, per stirpes, if her parents and spouse predeceased her.
Per stirpes means that if the person entitled to inherit predeceases, leaving children, then their share passes to the children.
Therefore, in your scenario, 1/3 would go to each child of your mother, and 1/6 to each of the 2 grandchildren (children of a deceased child who would share that child's 1/3 share).
Good luck to you.
This answer is based solely on the representation made in the posted question. If you have questions regarding your legal rights, you should consult an attorney who can fully review the situation and give you a legal opinion based on all of the facts.
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