Holmgren v. National Big-4 Asbestos Removal Specialty, Inc.

2 Citing cases

  1. Miller v. Kramarczyk

    714 N.E.2d 613 (Ill. App. Ct. 1999)   Cited 6 times
    Acknowledging that under the Illinois Probate Act, if a surviving spouse is deemed to predecease the decedent's death, "if the decedent leaves no descendants, her parents may inherit from her estate making them her `next of kin' under the Act"

    Given this principle, determining which of the decedent's relatives may recover under the Act requires reference to the Probate Act of 1975 ( 755 ILCS 5/1-1 et seq. (West 1996)). Morris v. William L. Dawson Nursing Center, Inc., 299 Ill. App.3d 1107, 1109 (1998), appeal allowed, No. 86708, 182 Ill.2d 552 (1999); Holmgren v. National Big-4 Asbestos Removal Specialty, Inc., 228 Ill. App.3d 433, 435 (1992). Section 2-1(c) of the Probate Act of 1975 provides that, if an intestate decedent leaves a spouse but no descendants, the surviving spouse receives the entire estate.

  2. Mio v. Alberto-Culver Co.

    306 Ill. App. 3d 822 (Ill. App. Ct. 1999)   Cited 24 times
    Holding that parent of decedent who left surviving spouse is not entitled to maintain wrongful death suit

    Recovery is limited to those persons delineated in the statute. Holmgren v. National Big-4 Asbestos Removal Specialty, Inc., 228 Ill. App.3d 433, 434 (1992). In a wrongful death suit, "the amount recovered * * * shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person."