Legal Question in Civil Rights Law in Illinois

I am married for 1 1/2 years.my husband had his will made.only his only daughter and son,and grandchildren are named. if and when my husband passes,if he leaves first,will there be anything i can do,to have his s.s. and retirement? my name is no where in the will,or either of his bank accounts.just his daughter.


Asked on 3/11/10, 11:59 am

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

In Illinois, you are entitled to a surviving spouse�s allowance in a minimum amount of at least $10,000 but greater if the court deems a higher amount to be reasonable for you to maintain the same lifestyle for the nine months following the death of your spouse. You can also renounce the will and you are entitled to a surviving spouse�s elective share of one-half of the probate estate if your spouse left no children or one-third if there are surviving children.

To be entitled to SS payments, there are various scenarios and conditions which are beyond the scope and detail of this forum.

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Answered on 3/16/10, 12:58 pm


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