Legal Question in Wills and Trusts in Illinois
No will. Husband or son?
My mother died. She had no will. Will Her husband or I receive her assets?
Asked on 2/28/08, 8:57 am
2 Answers from Attorneys
John Steele
Steele Law Firm
Re: No will. Husband or son?
Husband.
Answered on 2/28/08, 9:16 am
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: No will. Husband or son?
Both. When a person dies without a Will, property that they held in their sole name passes by state intestacy law.
In Illinois, an intestate estate is split 50/50 between the surviving spouse and the descendants (children and descendants of deceased children).
Keep in mind this only applies to your mother's sole property. If she held her assets in joint tenancy with her husband, then that property would pass directly to him.
Answered on 2/28/08, 10:18 am
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