Lafayette, IN asked in Probate and Wrongful Death for Illinois

Q: I have a question about distribution of a wrongful death settlement to heirs once the amount enters probate.

The probate attorney for the special administration of the estate stated the wrongful death settlement amount per heir is based upon each of the heirs "relationship" with the deceased. Therefore if one sibling had a closer relationship they would get a larger share. I don't believe that is correct. I read the statute and it reads "dependency" None of us were dependent upon the deceased for anything.

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1 Lawyer Answer
Bryan R. Bagdady
Bryan R. Bagdady
  • Probate Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: Assuming you are talking about Illinois probate law, if there is not will then the distribution is by statute and the governing statute is pretty straightforward and clear. It does not talk about the relative dependency of any heir. Good luck.

Charles Candiano agrees with this answer

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