Legal Question in Wills and Trusts in Illinois
2nd wife's right to spouse's property
After being marrier for 21 years for the second time, I would like to know if I have any rights to property from my current husband's first marriage. i.e. real estate, etc. I am still working and my husband is still alive. I have invested most of my paychecks into helping him keep this property up and would like to know if that gives me any rights at all. Do we need a will giving me all rights to property acquired during our marriage. His will was written before his 1st wife died, leaving his home to his adult children. What are my rights to the property?
1 Answer from Attorneys
Re: 2nd wife's right to spouse's property
"Rights" depends on "what.
In divorce, property owned before marriage is not marital property.
On death, a person may will their property as they wish BUT in many states a spouse has a right to "renounce" the will -- in Illinois this would result in receiving 1/3 of the entire net estate regardless of what the will says (note this is not contesting the will -- the will is valid, but the law gives special rights to a spouse that a will can't cut out). It doesn't matter when the propery was acquired.
It is really best to have things clearly set out by will. He may even want to leave everything to you by now. The subject should be raised and identified.
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