Legal Question in Wills and Trusts in Illinois

I am sorry for your wife's loss.

You should immediately consult a probate attorney of your own in the area in which the decedent resided. Your wife's say may be most impacted right now. Many attorneys handling estates, if there is an understanding of funds in the estate, will rely primarily on those funds for payment.

You do not say who passed, but it sounds like your wife may have equal standing with the others to influence who should be appointed to administer the estae. If there are concerns, it is best that someone trustworthy be appointed to act as administrator, perhaps a neutral party.

As far as distribution, that will be covered by state law. Again, you do not say who passed or where, but in Illinois, an estate would pass in the following order:

1. Half to spouse, half divided by children;

2. If no spouse, but children, all to be divided by children;

3. If no children, but spouse, all to spouse.

4. If none of the above, the list continues with parents and siblings, and so on.

In any of the above, descendants of any predeceased person would take that person's share.

That is all a quick, simplified analysis, worded to be more understandable. Your own attorney can review it in more detail and, if the estate is not in Illinois, advise you how the laws apply in the applicable state.