Legal Question in Family Law in Illinois

If the home is in his name only, the only right to the home is called homestead. Upon his death that right ceases. They would have the right to remove you from the home.

Its a little more complicated than the above answer would indicate. A lot of factors will come into place and the answer will change based upon how the property is titled at the time of your husband's death, whether he has written a Will, whether the property is in a Trust, etc. If your husband dies without a Will, you still have certain rights as his widow that entitles you to a portion of his estate as a matter of law. The best thing that you and your husband can do is contact an estate planning attorney to have your Wills drawn up and an estate plan created that will protect you in the event of your husband's death.