Q: If three siblings are tenants in common on a home in Illinois and one passed away (and has spouse) how is it divided?
The property is in Illinois so please respond regarding Illinois laws. Thank you.
A:
Tenants in common can leave their share of the property in question to someone in his or her will. If the sibling dies without a will, and if Illinois' law of intestacy applies, it distributes the property as follows:
(a) If there is a surviving spouse but no children, 100% to the spouse.
(b) If there is a surviving spouse and surviving descendants, 50% to the spouse and 50% divided among the surviving descendants per stirpes and not per capita.
(c) If there is no surviving spouse but there are surviving descendants, 100% divided among the surviving descendants per stirpes and not per capita.
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