Legal Question in Wills and Trusts in Illinois

Re: second wife entitlements

I am sorry to hear about your grandfather.

There are a number of "moving parts" to this, so I will do my best to tackle each one individually.

First, when the grandmother emptied the bank accounts, can I assume she was a also on the accounts? That is, was the account a joint account? If so, she was likely within her rights to liquidate the accounts. If not, the estate could, in theory, have a claim against her. I would also question as to how she was able to do that and get that past the bank/brokerage.

Second, the funeral bill is traditionally an expense as the decedent's estate, unfortunately. While perhaps in poor form, one generally winds up footing the bill for their own funeral!

Third, has she filed a formal will contest? Do you know upon what grounds she is contesting? Is their an alleged deficiency in your grandpas will? When did he draft the will - prior to or after his marriage? Sorry, I know there are a lot of questions here - but this is hyper-technical area of law and I want to give you the correct answer.

Fourth, there is a provision in Illinois law that provides a surviving spouse with what is tantamount to living expenses for a short period of time following the other spouse's death - 10,000 is the limit.

I would be more than happy to give you some more insight on this matter. Please feel free to call or email me: [email protected]. If I could view a copy of the will, that would help greatly.

Regards -

Re: second wife entitlements

Unfortunately, the second wife is entitled to what she is demanding. A will just doesn't cut it. The land should have been put into a revocable living trust. If the accounts were joint, as they would have to be for her to clean them out, she is entitled to them, also. Sorry, but your grandfather did not protect his legacy very well. Your parents could always get a mortgage and pay off the second wife. An executor has that power under the will.