Succession/order of claims on the estate of someone who does not leave a will.
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Succession/order of claims on the estate of someone who does not leave a will.
If a person who has no children and was predeceased by his/her parents and spouse
dies intestate, who can make a claim upon the estate i.e., siblings, nieces and
nephews, children of deceased siblings, spouse’s family?
Do children or grandchildren of a deceased sibling have a right to claim their
parent or grandparent’s share?
Thank you.
Asked on July 8, 2018 under Estate Planning, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes they do. When someone dies "intestate" (i.e. without a Will), then their heirs are in line to inherit. And if they predecease the decedent, then their heirs will inherit their share. Accordingly, children and even grandchildren can inherit their parent's or grandparent's share.
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