Legal Question in Wills and Trusts in Illinois
deceased mother's greedy 2nd husband
my mother passes away in feb of this year, leaving everything to her three sons.
her second husband of 6 or so years has lied, manipulated and best of all, contesting my mothers last will which has been admitted in court.
we never had intentions of leaving him nothing, infact, we promised our mother if anything ever happened to her, we would make sure he was in good hands.
we have the deed of the house also, which is in her name alone, like she always wanted, and he knew that.
at our recent court hearing, his lawyer and him, reapetedly lied about everything we have discussed after my moms death.
his lawyer said he wants the house, and that my mother gave it to him as a gift, complete lie!
they also said, they dont care what the will/deed sais, let the judge decide.
why is he doin this, this probate is all written in clear ink, we do not want this to carry on and waste all my mom/dads assests over this S.O.B.
my mother owned the house prior to this marriage, and everything in it before they met was bought by my deceased parents.
why cant our attorney get a final court date, show the judge all the information, and end this??
missmom2003
1 Answer from Attorneys
Re: deceased mother's greedy 2nd husband
I have to believe that your lawyer told you this but if he didn't that fact is if your mother and her husband were residents of Illinois, which I presume they were, he is entitled to one-half of her estate whether or not her will says otherwise. He has the right to renounce the will and take have the assets. That is the law in Illiois, and most states actually. The fact is you can not disinherit your spouse. Now there is one major exception and is if they signed a prenuptial agreement before they got married. If the didn't her husand is entitled to her share.
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