Legal Question in Wills and Trusts in Illinois

Estate living

My father passed away a month ago and he had a legal will from 1998 giving all of his estate to his 4 sons. He remarried in 3/06 and had a hand written from 6/06 allowing his wife to live in his primary home for as long as she wanted. If we sold the house she would be awarded $100,000. He and his wife signed the document without any other witnesses. Question is can his wife rent the house out? What if she remarries, can they live in the house? When she dies do her children get the $100,000? How about the belongings in the house? The house is in Chicago, Il...thanks.


Asked on 1/06/07, 1:20 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Estate living

Hello and Happy New Year. In my opinion the hand writing will have no legal effect because it was not witnessed and is apparently not in the form of a codicil to the will. In other words, you and your brothers should be awarded the house, free and clear of any claims by stepmom. You should retain a lawyer to open an estate.. Time is of the essence. Will be happy to discuss this with you further and in more detail.

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Answered on 1/08/07, 12:37 am


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