ILLINOIS PUZZLE

Winston died intestate leaving $100,000.  His only relatives were his Aunt Susie (on his mother’s side) and her two children Ramona and Abigail, and a second cousin Elvis, on his father’s side (i.e., the son of a deceased cousin). How much does each relative receive?

SOLUTION TO PUZZLE USING ILLINOIS LAW

Winston left no spouse, brothers, sisters, nephews or nieces, so his Estate is divided with half ($50,000) going to his grandparents (or their descendants) on his mother’s side and the other half ($50,000) going to his grandparents (or their descendants) on his father’s side.     

     MATERNAL GRANDPARENTS            PATERNAL GRANDPARENTS  
WINSTON'S MOTHER (deceased)   AUNT SUSIE  WINSTON’S FATHER (deceased)  AUNT (OR UNCLE) (deceased) 
WINSTON’S FIRST COUSIN (deceased)  
ELVIS  (WINSTON’S SECOND COUSIN)  

Aunt Susie is the sister of Winston's mother, so she is a descendant of Winston's maternal grandparents.  Winston has a first cousin on his father's side, so there must be a deceased aunt or uncle on his father's side.  The share intended for the deceased aunt or uncle goes to Winston.

Ramona and Abigail inherit nothing because their mother is still alive, and the distribution is by representation, meaning the Estate is distributed to the generation closed to the grandparents, in this case, the children of the grandparents.

 ANSWER: Aunt Susie gets $50,000 and Elvis gets $50,000.

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