Legal Question in Real Estate Law in Illinois

My mother's husband died on 9/8/2012....they live in Alton Illinois and were married for 10 years.....the house is in his name only.....Can she still keep the house? Exactly what law governs that? Also can she start receiving his social security benefits? Exactly what law governs that?


Asked on 9/18/12, 7:11 am

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

The house will pass through his estate. If there is a will, it may govern, but there may be spousal rights that can factor in. If no will, then the estate should go 1/2 to spouse and 1/2 to his children or the descendents of any deceased child. Depending on circumstances, may need to probate the estate.

For social security, begin by inquiring at a social security office.

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Answered on 9/18/12, 9:09 am


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