Who are the heirs of a widowed mother without a will. 3 living childred. 1 deceased child. Is the daughter granddaughter of the deceased child an heir?

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Who are the heirs of a widowed mother without a will. 3 living childred. 1 deceased child. Is the daughter granddaughter of the deceased child an heir?

Widowed mother deceased
3 living sons
1 deceased daughter

Is the daughter of their deceased sister an heir?

Asked on March 27, 2016 under Estate Planning, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When someone dies without a Will they are said to have died "intestate". In such a case the intestacy laws of the state in which the deceased was domiciled as of the date of their daeath will control. Typcically, if there is no survivng spouse, the children of the deceased will equally share in the estate. In the case where a child predeceases their parent, then the deceased child's children will share equally in their late parent's inheritance. In other words, the grandchildren will evenly split their parent's share.
To be certain of your rights under specific state law, you can contact the local probate court and/or consult directly with an attorney in the area who handles probate cases.


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