What are my granddaughter’s rights to her grandfather’s estate?
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What are my granddaughter’s rights to her grandfather’s estate?
My father is deceased. My grandfather is also deceased and left no Will. He was married, however he left his 3 remaining children GM stock and life insurance proceeds. They are now trying to tie his truck and other household and personal items up in probate court. As my father’s only heir what rights do I have? I have been told that they must by law give me my father’s share which would be 1/4. Is this true and what would it include ? If this is true could you please tell me where I may get a copy of this law.
Asked on August 7, 2011 Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Here is the law:
Chapter 755 of the Illinois Intestacy laws: Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:
(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes.
(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes.
Per stirpes means by the roots, meaning that you would take the same share as your Father would have received. It passes down through him to you. So if the facts here are as you say then you should receive one fourth of the estate. You need legal help here to determine what is what. Insurance proceeds do not necessarily pass through an estate if there is a named beneficiary. Get help. Good luck.
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