Legal Question in Wills and Trusts in Illinois

No will, who is next of kin?

A friend of mine is dying of cancer and she has no will. Her mother and father are still alive and she is divorced with 2 grown children. My question is, who will inherit her personal property, her parents or her children? One item of concern is her truck which is paid for and her son wants it badly. The father also wants it, so who has first claim. Naturally, the woman don't think she will die and will not make a will right now. Please help.


Asked on 4/15/01, 7:29 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: No will, who is next of kin?

Under Illinois law, the two grown children will be the woman's only heirs when she dies, and her parents will not be her heirs. The two grown children can divide up their mother's assets as they agree, or if they cannot agree all the assets will be sold, and the net proceeds divided among the two grown children.

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Answered on 6/09/01, 10:18 am


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