Legal Question in Wills and Trusts in Illinois
Client died, he has a wife and adult child and no will. His wife's name is not on all the bank accounts. They shared one main account. They are legally married and she is a citizen. When they went to one of the banks they asked for a copy of the will. There is no will. They rent an apartment, there is no property, do we need to get an attorney so that she can get access to some of his money. His SS check was their part of their main income. She is not 60 yet to draw the survivors benefits. They are low income. Can CVLS take this case. Wife speaks English, but main language is Khmer. Son can translate. They live in Chicago.
2 Answers from Attorneys
Under Illinois law, an individual who dies without a will dies "intestate" and the laws of Illinois provide for who inherits. With a married individual with children, one-half goes to the wife and one half to the child or among children if there is more than one child. If any child of the deceased person is predeceased, the share he or she would have received, if living, goes to their children, if any.
A small estate affidavit can provide a mechanism to get the funds from the bank without having to go to court. A surviving spouse is entitled to the first $10,000. If the child wants to disclaim their interest, mom can have it all, but without a disclaimer, mom is only entitled to half of what the decedent left in any accounts which were only in his name after taking the first $10,000 and after reimbursing herself for any funeral expenses paid...
It sounds like a small estate affidavit may be all that is necessary. If the widow qualifies for pro bono services when considering her assets and income, Chicago Volunteer Legal Services (CVLS) will likely accept this matter. Learn more about CVLS at www.cvls.org.
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