In Illinois, if there is no Will, the decedent's probate estate will be distributed in accord with the statute on descent and distribution. If the decedent's spouse is living and the decedent had children the spouse will receive of the estate and the children will equally divide of the estate. The descendants of a predeceased child of the decedent will equally divide the portion that would have been received by the predeceased child if the predeceased child were alive. Example: living spouse and three children, 2 children living and 2 grandchildren (the children of the deceased child); spouse receives, each living child received 1/6 and each grandchild receives 1/12. If there is no spouse the children equally divide the decedent's estate, with the descendants of a predeceased child equally dividing the share that would have been received by the predeceased child. Children include any child adopted by the decedent.
Answered on Apr 01st, 2014 at 2:57 PM