If my father recently passed away and I am his only child, do I have any rights to his property?

Asked on September 11, 2014 under Estate Planning, Illinois


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

Answered 6 years ago | Contributor

I am so sorry for your loss.  I am assuming that he died with out a Will, which is called "intestate" under the law.  When that happens the Intestacy laws in the state in which one resides at the time of their death applies.  If your Father has no spouse then under the Illinois Intestacy statute you would inherit everything.  If he had a spouse you would inherit 1/2 of his intestate estate.  Please understand that the intestate estate would be any portion that is not jointly held or does not pass to another via designation of beneficiary, etc.  Good luck.

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