Legal Question in Wills and Trusts in Illinois
No Will - Who Inherits?
Husband and wife both had children from separate marriages when they married. Husband's children were grown, wife's children lived with them. Wife recently passed away without a will. Who is entitled to the estate? I understand that 1/2 goes to the spouse. Are only the wife's children entitled to the estate or would the husband's children also be entitled to part of it? I have tried to research this and what I find says ''descendents'' would be entitled to part of the estate, which would only be the wife's children - right or wrong? Any help you can give me would be appreciated. Thank You.
1 Answer from Attorneys
Re: No Will - Who Inherits?
you are right. You get half and her children get the other half. Your kids are not descendants of your second wife. your kids are your descendants and descendants of your first wife.
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