Il. intestate succession law

[Betty]

Hello. state - Illinois Under the Il. Intestate Succession law are first cousins considered descendants of decedent's great-grandparents & cousins on material side get 1/2 of inheritance & cousins on paternal side get 1/2 of inheritance? (instead of all cousins sharing equally with no regard to maternal or paternal side of the family) My cousin passed away with only cousins as heirs - 1 on maternal side & 3 on paternal side. I don't know if each gets 1/4 of estate or 1 on maternal side gets 1/2 & cousins on paternal side get 1/2 to divide among the 3 of them. Thanks. Betty

 

[seniorjudge]

Hello. state - Illinois Under the Il. Intestate Succession law are first cousins considered descendants of decedent's great-grandparents & cousins on material side get 1/2 of inheritance & cousins on paternal side get 1/2 of inheritance? (instead of all cousins sharing equally with no regard to maternal or paternal side of the family) My cousin passed away with only cousins as heirs - 1 on maternal side & 3 on paternal side. I don't know if each gets 1/4 of estate or 1 on maternal side gets 1/2 & cousins on paternal side get 1/2 to divide among the 3 of them. Thanks. Betty

Illinois Intestate Succession Laws

If any part of an Illinois decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* A surviving spouse is entitled to the entire intestate estate if the decedent is not survived by any descendants.
* If the decedent is survived by descendants, the surviving spouse is entitled to one-half of the intestate estate (with the other half going to the descendants).

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's descendants, per stirpes.
2. Decedent's parents, brothers, and sisters in equal parts. If one parent is dead, the surviving parent gets a double portion. If a brother or sister predeceases the decedent, their descendants take the predeceased sibling's share per stirpes.
3. Decedent's grandparents or their descendants. Half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents, or either of them if both are deceased. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, however, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
4. Decedent's great-grandparents or their descendants. Half of the estate passes to the decedent's paternal great-grandparents equally if both survive, or to the surviving paternal great-grandparent, or to the descendants of the decedent's paternal great-grandparents, or either of them if both are deceased. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving great-grandparent or descendant of a great-grandparent on either the paternal or the maternal side, however, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
5. Decedent's nearest kin in equal degree.

3. State of Illinois. If there is no taker under any of the above provisions, the intestate estate reverts (escheats) to the state of Illinois. Real estate in the estate generally goes to the county where the real estate is located. Personal property in the estate generally goes to the county where the decedent was a resident.

Illinois Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* It's payback time! A parent that abandons or otherwise willfully neglects to support his or her minor or dependant child for a year or more prior to the child's death will generally have their share of any inheritance reduced. A court must examine the effects the abandonment had on the child's prospects and quality of life. At a minimum, the court is required to reduce a bad parent's inheritance share by the amount of unpaid child support payments.
* On a similar note, any person who intentionally and unjustifiably causes somebody's death is prohibited from benefiting by the death in any way. All of the decedent's property will be distributed as if the person who caused the death had predeceased the decedent. Anyone convicted of first or second degree murder is presumed to be ineligible to inherit from the murder victim.
* Illinois' intestate succession laws, as well as other related laws, can be found in Chapter 755 of the Illinois Compiled Statutes.

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http://www.finance.cch.com/pops/c50s10d190_IL.asp

 

[Betty]

Thank you senior judge. My question is for legal purposes are 1st cousins considered as descendants of decedent's great grandparents or in the next category closest next of kin - it doesn't say per stirpes under descendants of decedent's great grandparents. If they are considered descendants, cousins on maternal side get 1/2 estate & paternal cousins get 1/2 of estate - if considered as next of kin - they share equally no matter what side of family they are on. Thanks. Bertie - Illinois

 

[seniorjudge]

Thank you senior judge. My question is for legal purposes are 1st cousins considered as descendants of decedent's great grandparents or in the next category closest next of kin - it doesn't say per stirpes under descendants of decedent's great grandparents. If they are considered descendants, cousins on maternal side get 1/2 estate & paternal cousins get 1/2 of estate - if considered as next of kin - they share equally no matter what side of family they are on. Thanks. Bertie - Illinois

http://www.borisbrooks.com/genealogy/cousins.htm

They must be kin to the decedent by blood.

I am not clear what your question is; all I can do is tell you to read the statute.

 

[seniorjudge]

I have the read the statue but I don't know if (per the statue) cousins fall in the category descendants of decedent's great grandparents or the category closest next of kin - it makes a difference as to how the estate is distributed to cousins. I don't know if they go as FAR DOWN to consider cousins as descendants of decedent's great grandparents even though they are technically (it doesn't say per stirpes) or if they are considered in last category - nearest next of kin equally state Illinois. The best I can ask the question is - these are all blood kin -- PER STATUE: in Illinois are first cousins of decedent considered in category descendants of decedent's great grandparents or the category nearest next of kin? 1st category 1/2 of estate would go to cousins on maternal side & 1/2 to cousins on paternal side- 2nd category - they all share equally only first cousins are surviving heirs of cousin who passed away Thanks once again

http://www.umanitoba.ca/faculties/arts/anthropology/tutor/descent/cognatic/civil.html

If ONLY first cousins of the decedent are left (i.e., no parents, grandparents, children, brothers, sisters) and they are of an equal degree of relationship, then they would come under #3 of the link I gave you.

That's my best GUESS....

 

[Betty]

Thank you - I believe I have figured out the answer to my question. Betty