QUESTION
Can the wife take the money if we win the case?
Asked on Jul 19th, 2015 on Estate Planning - Illinois
More details to this question:
I was helping my now deceased son to apply for disability. I have signed, notarized documents given me the right to make decisions on his claim and the right to receive all payments he is eligible for. It is now going to the hearing stage and his wife is trying to say she deserves the money even though she did not contribute anything to the household. I paid the rent, groceries, etc.
1 ANSWER
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Is the claim being pursued through a probate proceeding? If there is no Will and there is a spouse at the time of death then the spouse is a legatee of a decedent's estate assets and a parent is not. If you have a valid claim against the estate assets then your claim is paid before there is any distribution to a spouse. If the assets are distributed outside of a probate proceeding to a beneficiary then the right to the assets are determined by the instruments that establish the beneficiary.
Answered on Jul 23rd, 2015 at 10:23 PM