Dying Without a Will: What are the Legal Repercussions?

If you’re single, have no a will, and have no children, the state’s statute, called in Illinois the law of Descent and Distribution, specifies what happens to your assets when you die, depending on which of your relatives survive you.

Those with one or two surviving parents as well as siblings will have their estate split up equally amongst the parents and the siblings. If only one parent survives, that surviving parent gets a double share.

If there are no surviving parents, the estate will be split between siblings. If there are no surviving parents or siblings, the estate will be split among the families of both your mother’s and father’s sides, or if only one side has relatives who survive you, that side gets it all. If you have no living relatives (as described in the statute of Descent and Distribution), the state gets it all.

If you’re married and you’ve never had kids, what happens to your estate is dependent on how you handle your finances. The way married couples hold their property varies. It’s never cut-and-dry, and should be discussed with an attorney in order to truly understand it for a given situation.

Share finances with your spouse, meaning holding your assets in joint tenancy? If so, all of your estate will typically go to that spouse.

If just your name is on assets, and you are married without kids, your spouse will still get it all in Illinois. If you did want to leave something to your siblings and your parents, they would be out of luck unless you had a valid will, or you put their names on some or all of your assets.

Those who are married and who have children will have the their assets go one half to their spouse, and one half split into equal shares among their children, with children of a deceased child taking that child’s share in equal shares.

This result applies even if your spouse is not the other parent of your children, and will exclude children of your spouse that are not your descendants, regardless of whether they are living with you, unless you have formally adopted them.

If you’re not married, and have no kids, but are in a long-term relationship with someone, your assets pass in the same manner as one who is childless and single.

This result does put a premium on handling your finances so your partner’s name is on some or all of your assets, either as a joint tenant or as a beneficiary who receives the asset in a transfer upon your death. It’s wise to speak with a lawyer in order to get more information if this situation applies to you.

Dying without a will is almost always a difficult and a sometimes surprising situation when it comes to your assets. You want to make sure that your estate is being passed down to the people in your life who you truly intend to receive it. Having a valid will is one of the best ways of doing so.

If you are looking to set up a will, the attorneys at John J. Pembroke & Associates can help you. Our experienced team of attorneys will make sure that your estate is set to be placed in the right hands.

Contact us to speak with an attorney today!