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Spouse dies with no will. Does everything go the living spouse?

Lawrenceville, IL |
Filed under: Intestacy and probate

He does have adult kids from a previous marriage. Everything is in both of their names and she is still paying on their houses and car. They live in IL. He was on disable so no benefits.

Attorney Answers 2


Under the Illinois Probate Act, 755 ILCS 5/2-1(a), if a spouse dies with no will (intestate), the estate is divided 50% to the surviving spouse and 50% to his children in equal shares.

Anything held jointly will automatically pass to the surviving spouse, so anything held in both their names will become hers.

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This is the law

Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:

(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes.

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