Legal Question in Wills and Trusts in Illinois

If a will is unsigned, and the deceased is married.. what happens with the spouse/children?


Asked on 8/06/16, 3:08 pm

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

You would be best advised modifying your post to relate the background better.

If you are looking at an unsigned will, that may simply be a copy that was provided. There may be a signed original somewhere (with the law firm that handled it, in a safe deposit box, in a drawer, in a fireproof file box, ...). If there is a finalized will that has not been revoked, then that would apply.

Otherwise, if there is not a valid will and assuming Illinois law, then the estate passes one-half to the spouse, one-half to be divided among the children or the descendants of any deceased child.

Again, it is hard to tell from your limited post what exactly may be involved.

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Answered on 8/06/16, 6:48 pm
Virginia Prihoda Law Offices of Virginia Prihoda

If a will isn't signed, it's not recognized as a will in the legal system. If you are confronted with this situation with your family, I think this is a good reason to see an attorney to review your facts and circumstances.

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Answered on 8/08/16, 7:17 am


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