If my mother passed away and there was no Will, what rights are mine and my 2 sisters and brother entitled to0?

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If my mother passed away and there was no Will, what rights are mine and my 2 sisters and brother entitled to0?

My father is alive.

Asked on October 24, 2013 under Estate Planning, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Sorry to hear about your mother.

Since she died without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, your mother's entire estate would be inherited by her surviving spouse, your father.

If there had not been a surviving spouse, your mother's estate would have been divided equally between you, your two sisters and your brother.  If you had any deceased siblings who had surviving children (your mother's grandchildren), they would have inherited the share that their deceased parent would have inherited had their parent survived.


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