Legal Question in Wills and Trusts in Illinois
Death Intestate
A divorced and remarried father dies. His surviving spouse says there is no will and gives nothing to grown child from first marriage. There are two children from second marriage. Spouse indicates that all will be divided equally upon her death. She is giving large amounts to her children, nothing to decedant's first child. Does this child have legal recourse at this point?
Asked on 11/30/06, 12:05 pm
1 Answer from Attorneys
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: Death Intestate
If there are assets in father's probate estate (and no Will) then they are divided 50% to spouse and 50% among all his children. Spouse doesn't get to decide. Note this only applies to the probate estate i.e. if they held their assets in joint tenancy then they are hers to do with as she pleases.
Answered on 11/30/06, 1:51 pm
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