Legal Question in Wills and Trusts in Illinois
A friend of mine died and did not have a will. Her husband left her 17 years ago for another woman but she never divorced him. The other woman died 4 years ago and they still did not get back together. They have one son and I thought the son would be entitled to all of his mom's property but the estranged husband is going to get a lawyer to control everything. I do not feel the husband is entitled to anything. Am I wrong?
2 Answers from Attorneys
Without a will, the fact that they were separated and estranged is irrelevant. A surviving spouse has preference to administer the estate and is entitled to receive half of the estate plus a (minimum $20k) spouse's award. Her son will be entitled to the other half.
Assuming the decedent resided in Illinois, the spouse's rights would remain valid, including a spousal award off the top and then half the estate, the other half going to the children or the descendants of any deceased child. I would not rule out a creative argument that may be found by an attorney reviewing case law to defeat the spouse's share, but that would be an uphill battle and the value would have to justify the risk. On the other hand, there is a chance the control of the estate may be wrested from the spouse without as much trouble given the history.
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