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

Lawrenceville, IL |

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.

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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.


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.