Legal Question in Wills and Trusts in Illinois
My friend has been married 25 yrs. but has her name on nothing. Her husband told her this way she wouldn't be responsible for any debt. His name is on two homes, two cars, two boats and various other things. What happens if she finds herself either widowed or abandoned? Will she be responsible for any or all debt? There is no will, so in the case of her husband's death will everything go through the probate courts? In short what are her legal rights and responsibilities?
3 Answers from Attorneys
She is on the title of all the assets 'constructively', which means she owns half even if her name is not on it.
all assets acquired during marriage is a part of the marital estate, regardless of whether your friend's name is on title or not. similarly, if her husband dies and any debt was incurred for a family purpose, the creditor will try to make your friend liable for the debt under a statute allowing for such liablility. generally, it is best to probate an estate. by opening the estate, all creditors have a certain period to file a claim. if they fail to file a claim within the time allowed, the creditor is forever barred from claiming a part of the estate for outstanding debts.
1. The estate will be probated.
2. Your friend will be entitled to all of his estate if he has no children, one-half if he does.
3. She is not personally responsible for his debts in most cases. However, if the creditor can still collect if the asset is encumbered by the loan, such as a mortgage.
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