Will Everything Automatically Go to My Spouse in Illinois?

Not long ago, I sat with a married couple in my office here in Frankfort who had young children and had been together for over twenty years. Like many families, they assumed if one of them passed away, everything would simply “go to the other spouse.”

The husband looked at me and said:

“We’re married. We own a home together. Everything would just go to her.”

And honestly, that is what most people believe. So when I explained how Illinois law actually works if someone dies without a will, the room got very quiet. In Illinois, if someone dies without a will leaving behind both a spouse and children, the assets are divided:

• 50% to the surviving spouse

• 50% to the children

The wife immediately said:

“Wait… even if the kids are young? And I would only get half?”

Yes. For many Illinois families, this comes as a complete shock.

On top of it, what parents often do not realize is that when minor children inherit assets, court involvement may be required to manage those funds until the child becomes a legal adult.

And once a child turns 18, they may legally receive control of that inheritance outright. Most loving parents are not intentionally trying to leave behind a complicated situation. They simply assumed Illinois law worked differently. This is one reason so many families choose to create an estate plan instead of relying on the state’s default rules.

A thoughtful plan allows you, not the Illinois court, to decide how your assets should pass, who should manage them, and how your family should be protected if something unexpected happens.