Legal Question in Wills and Trusts in Illinois

What happens to a Person's estate if they do not have a will or beneficiary

My husband's father is in the ICU without much chance

for recovery. Meanwhile he does not have a will or

instructions as to what should be done, his life

insurance policy does not have a beneficiary listed. He

does has my husband listed with him on a joint

account, but my husband does not know how or when

he was able to do this without his signature. His sister

is not really dealing with this situation says everything

should go to her because she has been caring for him.

The other two feel the checking account should be

divided now as if their father is already passed away.

What will happen to his fathers estate (if that is the

correct term) or assets, which are minimal, if he

passes away. What can they do now? Also can any of

his children, if all four cannot agree, keep him alive on

machine's indefinitely (no one has power of attorney

and no one is willing to ask for it)?


Asked on 12/02/02, 6:34 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: What happens to a Person's estate if they do not have a will or beneficiary

The law specifies who gets a deceased person's property, and in what proportions each person is to receive the property, if the deceased had no will at death. The property cannot be divided without your father-in-law's actual consent during his lifetime. Who cared for your father is generally irrelevant to how the property is to be divided, though a person who has provided such care can make a claim on the deceased's assets for the the value of that care. Assuming your father-in-law has no living spouse, generally his assets will be distributable equally to his children unpon his death. These statements are just generalizations, and cannot be accuratly applied to your specific situation. For advice you can actually rely on, contact a lawyer who will need some more details to advise your husband on his rights. I would be happy to help you. Larry Stein (630) 221-1755.

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Answered on 12/03/02, 10:42 am


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