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Heirs
A dead person's
property passes to his or her heirs, unless there is a will
or other things which specify that it passes to someone
else. The other things would be beneficiary designations,
joint tenancies, pay on death designations and similar
devices which specify who gets property on death. The
property passing to heirs also is limited to property in the
dead person's probate estate. This excludes assets that are
in a trust that says who gets the property after
death.
Heirs are
determined as of the date of death. For instance assume X
and Y are married and have no children together. Assume X
has children by a prior marriage. X dies and Y survives, but
then Y dies 2 days later. The heirs of X are Y and X's
children. Half of X's property goes to Y and through Y's
estate to Y's heirs. This happens even though two days after
X's death the only survivors of X alive are X's
children.
Each state has
its own rules for determining heirs. In Illinois the rules
apply to the property of a resident decedent and the
Illinois real estate of a non-resident decedent.
The Illinois
rules are called rules of descent and distribution. They
are:
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 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.
(b) If there
is no surviving spouse but a descendant of the decedent:
the entire estate to the decedent's descendants per
stirpes.
(c) If there
is a surviving spouse but no descendant of the decedent:
the entire estate to the surviving spouse.
(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.
(e) If there
is no surviving spouse, descendant, parent, brother,
sister or descendant of a brother or sister of the
decedent, but a grandparent or descendant of a
grandparent of the decedent: (1) 1/2 of the entire estate
to the decedent's maternal grandparents in equal parts or
to the survivor of them, or if there is none surviving,
to their descendants per stirpes, and (2) 1/2 of the
entire estate to the decedent's paternal grandparents in
equal parts or to the survivor of them, or if there is
none surviving, to their descendants per stirpes. If
there is no surviving paternal grandparent or descendant
of a paternal grandparent, but a maternal grandparent or
descendant of a maternal grandparent of the decedent: the
entire estate of the decedent's maternal grandparents in
equal parts or to the survivor of them, or if there is
none surviving, to their descendants per stirpes. If
there is no surviving maternal grandparent or descendant
of a maternal grandparent, but a paternal grandparent or
descendant of a paternal grandparent of the decedent: the
entire estate to the decedent's paternal grandparents in
equal parts or to the survivor of them, or if there is
none surviving, to their descendants per
stirpes.
(f) If there
is no surviving spouse, descendant, parent, brother,
sister, descendant of a brother or sister or grandparent
or descendant of a grandparent of the decedent: (1) 1/2
of the entire estate to the decedent's maternal
great-grandparents in equal parts or to the survivor of
them, or if there is none surviving, to their descendants
per stirpes, and (2) 1/2 of the entire estate to the
decedent's paternal great-grandparents in equal parts or
to the survivor of them, or if there is none surviving,
to their descendants per stirpes. If there is no
surviving paternal great-grandparent or descendant of a
paternal great-grandparent but a maternal
great-grandparent or descendant of a maternal great-
grandparent of the decedent: the entire estate to the
decedent's maternal great-grandparents in equal parts or
to the survivor of them, or if there is none surviving,
to their descendants per stirpes. If there is no
surviving maternal great-grandparent or descendant of a
maternal great- grandparent, but a paternal
great-grandparent or descendant of a paternal
great-grandparent of decedent: the entire estate to the
decedent's paternal great-grandparents in equal parts or
to the survivor of them, or if there is none surviving,
to their descendants per stirpes.
(g) If there
is no surviving spouse, descendant, parent, brother,
sister, descendant of a brother or sister, grandparent,
descendant of a grandparent, great-grandparent or
descendant of a great- grandparent of the decedent: the
entire estate in equal parts to the nearest kindred of
the decedent in equal degree (computing by the rules of
the civil law) and withouit representation.
(h) If there
is no surviving spouse and no known kindred of the
decedent; the real estate escheats to the county in which
it is located; the personal estate physically located
within this State and the personal estate physically
located or held outside this State which is the subject
of ancillary administration of an estate being
administered within this State escheats to the county of
which the decedent was a resident, or, if the decedent
was not a resident of this State, to the county in which
it is located; all other personal property of the
decedent of every class and character, wherever situate,
or the proceeds thereof, shall escheat to this State and
be delivered to the State Treasurer pursuant to the
Uniform Disposition of Unclaimed Property Act.
In no case is
there any distinction between the kindred of the whole
and half blood.
There are special
rules for illegitimate children, both as to inheritance from
them and inheritance by them. Generally an illegitimate
child is an heir of his or her mother and her ancestors.
Whether or not the illegitimate child is an heir of the
father and the father's ancestors depends on whether the
decedent father has acknowledged paternity or whether a
court has adjudged the decedent to be the father.
There are also
special rules for adopted children. Among other things, an
adopted child is treated as descendant of the adopting
parent. If the child is adopted after reaching 18 and never
lived with the adopting parent before then, the child is an
heir of the adopting parent, but is not treated as a
descendant when it comes to inheriting from the lineal or
collateral kindred (ancestors, siblings, cousins, etc.) of
the adopting parent.
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