IL Bar Practice Questions - Illinois Bar Examination Exam

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A person dies intestate survived by a spouse and two children, all of whom are also children of the surviving spouse. Under Illinois intestacy law, how is the estate distributed?

The spouse takes one-half and the descendants share the other one-half per stirpes The spouse takes the entire estate The children take everything and the spouse takes nothing The estate escheats to the state

Correct Answer:

The spouse takes one-half and the descendants share the other one-half per stirpes

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