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  WINDY CITY TIMES

Protect your lover by making your will
by Roger McCaffrey
2012-01-18

This article shared 1224 times since Wed Jan 18, 2012
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Q. My lover passed away last month from cancer. We were together for over 30 years, unfortunately, neither of us had a will nor did we have a civil union. What are my legal rights?

A. Unfortunately, because you and your partner never made wills nor entered into a civil union you will have an uphill legal battle to acquire the property that was in your partner's name alone, if at all. And you may have to produce receipts and documentation to prove that the furniture and household items in the house were either bought jointly or by you alone.

The law states that no one is ever without an estate plan, even if they don't have a will. From the moment of birth, every individual has an estate plan that was written by the state in which he or she resides. State intestacy statutes provide an estate plan for everyone who does not make a will. Illinois has established a line of distribution for the property of some one who dies without a will.

Illinois Intestacy Will

I, an Illinois Resident, make this will.

FIRST. All claims against my estate shall be paid in full.

SECOND. If I am married with no children, my entire estate to my spouse. If I have a spouse and at least one child, one-half to my spouse and one-half to all of my children. If I have no spouse, then all to my children in equal shares. If I do not have a spouse or children, then I give my entire estate to my parents, brothers and sisters in equal shares, allowing my surviving parent to have two shares if one parent is dead, and to each descendant of a deceased brother or sister of mine such share shall be distributed equally to the descendants. If I have no spouse, child, parent, sister, brother or descendant of a brother or sister, then my estate shall go to my grandparents or their descendants or if none exist then to my great grandparents and their descendants, of whom I may not know or have ever met. If no relative can be found then to the State of Illinois and to the County in which I resided.

THIRD. I leave nothing to my partner, lover, life companion or any friends or charity.

FOURTH. I appoint no one as executor of this will and prefer that a family member be appointed by the Probate Court.


This article shared 1224 times since Wed Jan 18, 2012
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