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Great-aunt died with no will

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ericgkarl

Junior Member
What is the name of your state? I live in Tennessee but the estate of my great-aunt is being probated in Illinois where she resided. My mother was recently contacted by the probate court in the county where my aunt resided. The probate court officer was seeking the names of living relatives of my great-aunt Anna, my deceased father's aunt. Anna was pre-deceased by her husband and her only child. She died without a will and the estate is in probate. The living relatives include Anna's sister , one son of Anna's brother Iggy, two daughters of Anna's brother George and 9 great- nieces and nephews (all grandchildren of Anna's brother Frank, my grandfather). My question is how will the estate be divided up?
 


H

hexeliebe

Guest
However the court decides. Or however the court directs the executor of the estate to proceed.

This is not a question for this forum. You need to ask the court or the executor and if one has not yet been appointed, find out how you can apply for the job.

It's loads of fun.:eek:
 

JETX

Senior Member
"My question is how will the estate be divided up?"
*** State laws will specify distribution of an estate where a will does not exist. This is called 'intestate distribution'.

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."

As you can see from the above, the 'great-nieces and -nephews' are not in the distribution chain.
 

ericgkarl

Junior Member
. If a brother or sister predeceases the decedent, their descendants take the predeceased sibling's share per stirpes


Am I reading correctly that Anna's one remaining sister would take 25%, the two daughters of one of Anna's deceased brothers would split 25%, the living son of the other deceased brother of Anna would get 25% and my deceased grandfather's descendants would split the remaining 25%.Since my grandfather was Anna's brother and he is deceased, his share would pass to my father correct? Since my father is deceased, would his share then pass to his children? Thank you for your answer.
 

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