Daughter and grandmother owned vehicle, daughter was owner, grandmother was co-signer, both died within 90 days of each other, daughter passing away first. Daughter estate took 2 years to settle due to lawsuit from accident, grandmothers was settled within the first year, car went thru grandmothers estate and my husbands portion of his inheritance was lowered by the amount owed on the vehicle since it was his adult daughter. Husband was left out of daughters estate due to her mother saying she was the only heir.
I am sorry for what you are going through.
If the daughter had a will, the will determines the beneficiaries.
In cases of intestacy, I believe your answer is here: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=3700000&SeqEnd=5000000. If I understand the situation correctly, this should apply near the top):
(d) If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living.
If you think something is out of whack, find a good Il. estate/probate attorney to get a true picture. I hope this helps.
yes to your question regarding the car, there are not enough facts here to answer this question in an online form. You really should speak with a probate attorney in your area to get an accurate answer.
It also sounds like there is a completely separate issue regarding your husband being left out of his daughter's estate do to representations made by her mother. This is a completely separate issue and might extend to assets beyond the daughters car. I strongly recommend that you contact an estate planning attorney for advice.
I am sorry for your loss.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. LEGAL DISCLAIMER I am licensed to practice law in the State of Illinois and have an office in Kane County. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state. I hope you this answer helpful.
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