Is the surviving spouse always the first to inherit from an intestate estate?
In Illinois, the surviving spouse is usually the first person to inherit from an intestate estate. However, the intestate succession law of Illinois varies depending on the specific situation. If the deceased person is survived by a spouse and one or more children, the surviving spouse will inherit the entire estate. If the deceased person only has a surviving spouse and no surviving children, the surviving spouse will also inherit the entire estate. If, however, the deceased person is survived by both a spouse and parents, the surviving spouse will receive the first $100,000 of the estate plus one-half of the remaining balance. The remaining balance will go to the surviving parents. Surviving siblings of the deceased person also inherit from the estate. In this case, the surviving spouse will receive the first $50,000 of the estate plus one-half of the remaining balance. The remaining balance will be split evenly between the deceased person’s siblings. If there are no surviving children, parents, or siblings, the entire estate will pass to the surviving spouse. In summary, the intestate succession laws in Illinois can vary depending on the circumstances, but the surviving spouse is usually the first person to inherit from the estate.
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