How will our dad's house be divided?

[eddiegorniakjr]

What is the name of your state?What is the name of your state? Illinois
We all live in Illinois. My dad is 82 and in bad health. What will happen to my dad's house if he dies without a will? Our mother or his wife is deceased for over 20 years. My brother, sister and myself are still alive. My one other sister passed away about 15 years ago. Her husband is alive and has remarried. My deceased sister has two daughters and a son. My brother is divorced and has two daughters. And I'm married and have three living stepsons. I raised these three boys as my sons but I never adopted them or anything. These are children my wife had in her first marriage.
I have not been able to talk my dad into writing a will. He doesn't have any money. And about the only bills he has is about $3,000 on a WalMart charge and about $1,000 on a home depot charge. He doesn't have any other assets besides the house that is paid for.
Can someone tell me how his house will be divided if I can't convince him to have a will drawn up?
Can he just add our names to the house title?
Thanks for any information.
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[BelizeBreeze]

The ONLY people who will inherit during an intestate succession are live decendents. Therefore, the live children will inherit. Marriage does not affect intestate succession and rights pass to your decendents ONLY IF there are no direct beneficiaries.

 

[BelizeBreeze]

Here is the exact statutory division:

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:

Decedent's descendants, per stirpes.
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.

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.
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.
Decedent's nearest kin in equal degree.

 

[eddiegorniakjr]

I didn't understand if the house would be split 3 ways or 4 ways/

Will his house be split between the 3 survinging children?

Or will it be split 4 ways, with the 3 surviving children each getting 1/4 and the deceased daughters 3 living children spliting the othe 1/4?

My dad wants my surviving sister and her family to live there.

Could the children of our deceased sister force a sale of the house to get cash for their deceased mother's share (That's if they are entitled to a share?) ?

 

[seniorjudge]

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

Q: Will his house be split between the 3 survinging children?
A: No.

Q: Or will it be split 4 ways, with the 3 surviving children each getting 1/4 and the deceased daughters 3 living children spliting the othe 1/4?
A: Yes.

Q: My dad wants my surviving sister and her family to live there.
A: No, he doesn't. A person intends the natural and probable consequences of his own action. If he does not write a will, then he intends for the assets to be distributed the way the government wants it split.

Q: Could the children of our deceased sister force a sale of the house to get cash for their deceased mother's share (That's if they are entitled to a share?)
A: Yes; and the money to pay off pa's bills will come out of the sale money.

 

[eddiegorniakjr]

Do I understand it correctly?

Let me see if I understand this all completely. My dad is the original person. And if his wife would have still been alive she would get 50% of the house or everything. After that it all passes down through the bloodlines from descendant to descendant. And spouses no longer receive anything.

Example: My deceased sister share passes down to her children. And her spouse receives no part of her share. Is this correct?

Example: Suppose I were to die before my dad. My stepchildren are not of my blood. So they could never inherit any part of my share? And my wife wouldn't be entitled to inherit any part of my share? So the house would pass 1/3 each to my surviving brother and sister? And my deceased sister's children would split my sister's 1/3 share?
And my deceased sister's husband wouldn't receive anything?
Any my wife and stepsons wouldn't receive anything?
Is that all correcct?
Thank you all so much for this help. I will make another attempt to have my dad have a will drawn up or have names added to his house.
Thanks again.

 

[seniorjudge]

Q: My deceased sister share passes down to her children. And her spouse receives no part of her share. Is this correct?
A: There is nothing for her spouse to inherit. The children heirs of their grandparent. So yes that is correct and this reasoning applies to the answers to the rest of your questions.