QUESTION

What are the surviving spouse rights to deceased spouse's estate?

Asked on Dec 17th, 2014 on Estate Planning - Illinois
More details to this question:
I am a widow with two sons. My husband died 25 years ago. When the father dies, the estate will be given to his three sons.
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2 ANSWERS

Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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If the father had no Will or Trust the father's estate will be divided amongst the father's wife and children. The share due a predeceased son would be distributed to your children as the descendants of your husband. As the spouse you would not be an heir in an intestate estate. If the father had a Will or Trust then the terms of the document control . If you are named as a legatee you will receive a distribution.
Answered on Dec 17th, 2014 at 6:46 PM

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If your husband died 25 years ago, what estate exists. If he had no will , then you would have been entitled to one-half of the estate, and your kids would have divided the other half. But that only applies to assets that would have been in your husband's name alone. Any jointly held assets passed to the joint owner. Any assets on accounts with beneficiaries passed to the beneficiary. What assets remain after 25 years.
Answered on Dec 17th, 2014 at 6:46 PM

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