Legal Question in Wills and Trusts in Illinois

Will

If someone passes away without having a will, will their assets go to their estate or will it automatically go to the spouse and/or surviving children. Also is it possible to find out if someone has taken out a life insurance policy on you without your knowledge?


Asked on 1/11/07, 8:26 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Will

Hello and Happy New Year. When people

are married there is a presumption that all of their property is marital

property which means that each owns it. When one spouse dies, the other

gets his/her property where there is no will. On the other hand, if they

die without a surviving spouse, but

have children, then an estate should

be opened to allow creditors to file

claims and then to divide the property between the remaining heirs. It is possible to find out

if someone took out life insurance for

you, but it is best done by a private

investigator or by someone who is

familiar with that process. Will be happy to discuss this with you further and in more detail.

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Answered on 1/12/07, 3:02 am


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