Legal Question in Elder Law in Illinois

Spousal Rights

My step-father's assets are now being managed by his granddaughter (POA) and as he will be going to a nursing home shortly, or, worse yet, if he dies, his heirs have informed me that my mother's needs will no longer be paid for by her husband of 14 years. Even though he has named his granddaughter as heir, will he or his estate be legally bound to care for Mother. I know this is what he would have wanted.


Asked on 4/27/08, 4:01 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Spousal Rights

Hello. If your step-father's money is marital property, he cannot will that away. In other words, whatever he acquired during your mother's 14 year marriage to him is 1/2 your mom's, unless your mom and step-father entered into an antenuptial agreement to the contrary. That being said, you should immediately take steps to determine whether your step-father's assets were acquired before or during the marriage. Trying to do this yourself could be agonizing. Getting a lawyer to help will be a wise move. You should act quickly to preserve any rights that your mom may have in these assets. Will be happy to discuss this further and in more detail.

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Answered on 4/27/08, 6:43 pm


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