Accidental Death - No Will

[RandomPerson]

What is the name of your state? Illinois

My aunt recently died and it was proved an accidental death, we have the papers for the insurance, but we must open an estate to claim the money.

The thing is she didn't have a will, had no husband or kids. She only has a living brother who we take care of, and we need this money to give him the proper care.

We went to a lawyer and he explained to us that if we did open an estate since there was no will it will be spread out to all the heirs, but most of the "heirs" are people who were never around to help her.

Is there a way to claim this money for our family? or exclude heirs etc. we were the primary care givers, it just doesn't seem fair

 

[anteater]

What is the name of your state? Illinois

My aunt recently died and it was proved an accidental death, we have the papers for the insurance, but we must open an estate to claim the money.

The thing is she didn't have a will, had no husband or kids. She only has a living brother who we take care of, and we need this money to give him the proper care.

We went to a lawyer and he explained to us that if we did open an estate since there was no will it will be spread out to all the heirs, but most of the "heirs" are people who were never around to help her.

Is there a way to claim this money for our family? or exclude heirs etc. we were the primary care givers, it just doesn't seem fair

Just checking... since you have been advised that the insurance proceeds must be paid to your Aunt's estate, is there no named beneficiary on the insurance policy? Or, if there is, that beneficiary predeceased your Aunt?

When a person dies without a will, the disribution of that person's assets follows state law. That may or not seem "fair," but that's the way it is. The states do not want to bog their legal systems down with trying to determine what is fair, what the deceased would have wanted, etc.

Since your Aunt had no surviving spouse and no children, the applicable part of Illinois' Descent and Distibution statute is (755 ILCS 5/Art. II):

(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.

 

[RandomPerson]

is there no named beneficiary on the insurance policy?
I'm pretty sure there isn't, sorry I'm not the one directly dealing with this, my mother is but she isn't to handy with the internet

If I understand the Illinois law correctly if we opened an estate it would go to her brother, and
she had another brother that passed before her, he was my grandfather, so the part he would get, would be split up for all the family under him

sorry if I don't understand this correctly, but the lawyer said the total sum would be split between EVERYONE and the law you posted says the portion that would be split to her brother(deceased) would than be split again to his sons/daughters?

So if the amount was $100,000.00

50,000 would go to her living brother, 50,000 would go to her deceased brother's family tree?

 

[anteater]

So if the amount was $100,000.00

50,000 would go to her living brother, 50,000 would go to her deceased brother's family tree?

Yes, that sounds right. I found a calculator for Illinois. Won't vouch for its accuracy, but it seems right.
http://www.illinoiswill.com/

Without knowing what "EVERYONE" means, it's not possible to say whether the attorney was incorrect or just using a verbal shortcut.

You might try to persuade the deceased brother's children to disclaim their inheritance so that the living brother receives the entire amount. Maybe by setting up a mechanism that will ensure that it is used only for the living brother's care. But, if that idea is met favorably, retain an experienced attorney so that you don't get yourself in a heap of trouble down the road.

 

[RandomPerson]

thanks for the information, maybe we just understood the lawyer wrong