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Nov 10, 2021 · When an Illinois resident dies without having made a last will and testament, the intestacy succession laws found in the Illinois statutes will dictate who inherits the deceased person's probate estate.
- Julie Garber
Jul 5, 2023 · If you die without a will in Illinois, your assets will be distributed according to the state's intestacy laws, which may not align with your wishes. Estate planning provides you with control over how your assets are distributed and enables you to appoint guardianship for minor children.
Mar 27, 2023 · Are you an Illinois resident wondering what happens if you don't file a will? Learn about the implications of not filing one and how it can affect your estate under Illinois inheritance law.
- A will in Illinois must be made within 30 days after the death of an individual. Illinois law makes it a crime to fail to make a will. The original...
- Is it possible for an executor to sell estate property without obtaining approval from all beneficiaries? An executor may sell property in a matter...
- Spouse and descendants: When the deceased leaves a spouse or descendants, half of the assets will go to them both. The other half goes to their des...
- Illinois law defines who is considered a next-of-kin for a deceased person. This depends on whether the survivors of the death of the testator incl...
- An Affidavit Of Heirship is a document that determines the heirship status of a decedent. The Affidavit of Heirship is a document that explains in...
- In Illinois, there are three grounds that can invalidate wills: undue influence; lack of testamentary power; and fraud or forgery. When someone or...
- The estate will be divided between the children and the surviving spouse if there are no survivors. No matter how large the estate, this applies. T...
- Illinois law typically requires probate when an individual dies with real property that was not in a trust, owned together with a spouse, or that e...
- Illinois does not require all estates to go through probate. If the estate’s value is less than $100,000, and no real property is involved, it is p...
Nov 16, 2020 · In this article we explain a surviving spouse’s rights in Illinois probate, including the Illinois Surviving Spouse’s Award, surviving spouse’s right to renounce the will, and the effect of prenuptial agreements on the rights of a surviving spouse.
Jul 15, 2022 · In Illinois, a surviving spouse can elect to renounce the decedent spouse’s will and will then be entitled to, after all just claims are fully paid, the following: 1/3 of the estate if the decedent has descendants; or. 1/2 of the estate if the decedent has no descendants. Avoiding the Elective Share Statute in Illinois.
Aug 27, 2021 · The surviving spouse may lay their claim to a portion of the deceased’s estate if the testator’s will excludes them by renouncing the will altogether. Illinois law allows for the submission of a renunciation petition to the probate court, where the filing of the will took place.
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Can a surviving spouse renounce a will in Illinois?
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What happens if a person dies without a will in Illinois?
What happens if a person dies without a spouse in Illinois?
What happens if a spouse dies without a will?
When a person (called a “decedent”) dies in Illinois without a will or other estate planning instrument, some of the decedent’s property may pass to his or her heirs pursuant to the Illinois rules of intestate succession.
