Legal Question in Wills and Trusts in Illinois

Estate

We did our wills back in 2001. At the time my husband did not mention his three children from his first marriage (they range in age from 13, 18, and 21, currently we have no children of our own). Well now we have found out that he is going to need a liver transplant in the next few years and I want to make sure that I am protected. My questions are as follows:

1. We own a house together and are listed as ''tenants in the entirety'' can the kids still take the house from me?

2. We have no real assets and our up to our eyeballs in debt. However between his life insurance from the military (he is retired military), and the policies that we bought after we were married, it is enough money to pay off all our debt. Am I required to share this money with them? Or can they sue me to have a court order to make me share the money?

These kids have had nothing to do with their father and don't call for holidays or birthdays. We still send them cards for their birthday and holidays so it isn't like we aren't trying.

Thank you.


Asked on 2/07/05, 7:50 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Estate

The property you own as tenants by the entirety will be yours if your husband passes away--it will not be part of his estate. If you are named as the beneficiary of the life insurance policies, this money will be yours as well, and will not be part of his estate. Generally, debts must be paid first, then distributions to heirs and devisees.

Read more
Answered on 2/10/05, 8:49 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois