Legal Question in Wills and Trusts in Illinois
Will
If someone passes away without having a will, will their assets go to their estate or will it automatically go to the spouse and/or surviving children. Also is it possible to find out if someone has taken out a life insurance policy on you without your knowledge?
1 Answer from Attorneys
Re: Will
Hello and Happy New Year. When people
are married there is a presumption that all of their property is marital
property which means that each owns it. When one spouse dies, the other
gets his/her property where there is no will. On the other hand, if they
die without a surviving spouse, but
have children, then an estate should
be opened to allow creditors to file
claims and then to divide the property between the remaining heirs. It is possible to find out
if someone took out life insurance for
you, but it is best done by a private
investigator or by someone who is
familiar with that process. Will be happy to discuss this with you further and in more detail.