What are my granddaughter’s rights to her grandfather’s estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption