If a third cousin is recently deceased and had no family, how how should his assest be disbursed to his third cousins?

UPDATED: Oct 10, 2014

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If a third cousin is recently deceased and had no family, how how should his assest be disbursed to his third cousins?

My father and his sister were his second cousins, they are both deceased. Now my father’s sister has o1 adult daughter and my father has 5 children. We are all equally related to my third cousin. Should his assests be distributed equally among his remaining heirs? Someone is saying that my father’s portion should be split among his children and the sisters daughters gets 1/2 to herself. We are saying our parents are deceased and all assests should be divided equally.

Asked on October 10, 2014 under Estate Planning, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  The Illinois intestacy statute, section5/2.1, covers the distribution of an estate.  The section that I believe applies to you is as follows:

(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.

So I would say you share equally. Good luck.

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