What Happens if You Die Without a Will in Illinois?

Dying without a Will

Description: Learn what happens to your assets, family, and estate under Illinois intestacy laws if you die without a will.

Most people assume that if something happens to them, their family will simply “figure it out.” Or that it will always be tomorrow’s problem.

Unfortunately, that is not how it works. Nor is it tomorrow’s problem. It is yesterday’s problem that needs to be figured out today.

If you die without a will in Illinois, you die “intestate.” That means the State of Illinois, not you, decides who receives your assets and how your estate is handled.

Who Gets Your Assets?

Illinois law sets a strict formula:

• Married with children → your spouse gets 50%, your children split the other 50%
• Married with no children → your spouse gets 100%
• If you have children but no spouse → your children get everything
• If neither → assets go to extended family (parents, siblings, etc.)

That may sound reasonable to some, but it creates problems more often than not.

The Problems Most Families Don’t Expect

1. Your spouse may not receive everything: many married couples assume everything automatically goes to their spouse. In Illinois, that is not always true.
2. Minor children cannot inherit assets directly: If your children are under 18, the probate court will appoint someone to manage their inheritance, often with ongoing court supervision until they turn 18, when the court turns it over to them.
3. Someone else decides who manages your estate: Without a will, the court appoints an administrator. It may not be the person you would have chosen.
4. Your family goes through probate court: Without proper planning, your estate will go through probate. A public, time-consuming, and often costly process.

What About a Will and Guardians for Your Kids?

If you have minor children and no will, the court decides who raises them.

Not you.

Even if the court ultimately chooses the “right” person, your family may face conflict, uncertainty, and delays during an already difficult time.

The Bottom Line on a Will

Dying without a Will doesn’t mean you don’t have a plan.

It means the State of Illinois has one for you.

And it’s a one-size-fits-all plan that may not reflect your wishes, your family dynamics, or your goals.

What Should You Do Instead?

A properly drafted estate plan allows you to:

• Decide who receives your assets.
• Name guardians for your children.
• Avoid unnecessary court involvement.
• Make things easier for your family.

Estate planning isn’t about preparing for death. It’s about protecting the people you care about most while you’re alive.

Your Living Trust

At the end of your life or if you become incapacitated, your real estate, financial accounts, firearms, and other assets held in your name may need to go through probate.

• A Will is filed in probate court. No one can legally sign on your behalf. Therefore, all assets in your name are subject to probate, which averages 18 months and is costly.
• A Living Trust completely avoids probate. An AB Living Trust protects up to $8 million of an Illinois estate from Illinois estate taxes.
• Your financial accounts, life insurance policies, and deferred compensation accounts can name your Living Trust as the beneficiary, subject to essential tax considerations.
• A Living Trust estate plan includes Health Care and Financial Power of Attorney documents. It also includes a Last Will and Testament. A Will is necessary to establish guardianship for minor children and to transfer assets in your name out of probate.

Contact us today for further information, or visit Tuohy Law Offices now.

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www.tuohylawoffices.com

312-559-8400

17W220 22^nd Street

Oakbrook Terrace, Illinois 60181

312-559-8400
17W220 22nd Street  
Oakbrook Terrace, Illinois, 60181

This blog entry is for information and planning purposes. Therefore, it is not legal advice. Please do not use this blog as a substitute for legal advice, which depends on specific facts and laws in a particular jurisdiction. No reader of this blog should act or refrain from acting based on any information included in, or accessible through, this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the reader’s state, country, or other appropriate licensing jurisdiction.