Estate planning lawyers can agree that the last thing anyone wants is a contested estate. Illinois, like every other state in the nation, has its own set of intestate succession laws, which dictate how someone’s property will be distributed upon his or her death if there is no estate plan in place.
Generally, under intestate succession laws, only spouses and blood relatives can inherit a decedent’s assets, meaning that friends and charities are almost always out of the question.
It’s important to note that just because a person doesn’t have a will does not mean that his or her loved ones can’t contest a court’s decision on how a decedent’s assets will be distributed.
In fact, not having a will is one of the best ways to ensure that someone will, in fact, contest an estate. To learn more about protecting your own property, please reach out to our experienced estate planning attorneys at Sivia today.
When a decedent doesn’t have a will, their assets will be distributed in accordance with the laws of intestate succession. Under these conditions, who gets which assets will depend on whether the deceased has a surviving spouse, child, parent, or sibling.
For instance, if someone did not have children but did have a spouse, then their spouse will receive the entirety of the decedent’s estate.
Someone with a surviving spouse and at least one child can expect that his or her property will be divided 50/50 between the spouse and the children. The assets of someone with no spouse or children, but who has surviving parents or siblings, will be inherited by those individuals in individual shares.
Unfortunately, these rules don’t leave provisions for those with other types of strong relationships including unmarried partners.
Just because Illinois probate courts are directed to follow certain rules when distributing a decedent’s assets does not mean that there will be no conflict between potential heirs.
In fact, it is much more likely that a person will contest an estate when there is no will in place, as the loved ones of the deceased may legitimately believe that their relative wanted something different. Judges are also more likely to be convinced to award assets to a claimant, because intestate laws often disinherit legitimate beneficiaries.
However, only potential heirs can contest an estate. This includes spouses, children, and dependents. To succeed, these claimants will need to present a convincing case to the courts as to why they should receive additional assets from an estate.
Judges will, in turn, take a number of factors into account when making decisions, including: the claimant’s relationship with the deceased, the claimant’s financial needs, and whether the claimant was dependent on the testator.
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Sivia Law presents a six-step checklist to create your own “Life Planning Guide.” This guide helps you advise your loved ones so that they can honor your wishes for your health care desires as well as for the distribution of your estate.
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