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This question came from one of our users:
"In Illinois, according to intestate law, if a person had only 9 nieces and nephews and no other surviving family members would only surviving nieces and nephews be eligible to inherit assets? Or would a deceased niece or nephew’s surviving spouse and blood children be included in any distribution?"
Illinois Intestate Succession Guide
If a person dies without a will and has no spouse, children, parents, or siblings, the estate goes to the next of kin which may include nieces and nephews if no one else exists.
Nieces and Nephews:
- If there are no other relatives except nieces and nephews, the estate is divided among the living nieces and nephews.
Deceased Nieces and Nephews with Children (Grandnieces/Grandnephews):
- If a niece or nephew would have inherited is dead, their children (grandnieces or grandnephews) will inherit their parent's share through per stirpes.
- Example: If there are 9 nieces and nephews and one is dead with 2 children, those 2 children would split their parent’s portion of the inheritance equally.
Surviving Spouse of a Deceased Niece/Nephew:
- The spouse of a deceased niece or nephew does not inherit under Illinois intestate law.
- Only lineal descendants (blood relatives) inherit under intestate succession in this case.
Summary
- The estate will go to living nieces and nephews and children of deceased nieces and nephews (grandnieces/grandnephews).
- Spouse of a deceased niece or nephew is not included.
Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.
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