Legal Question in Wills and Trusts in Illinois

If there is a will, the executor would be responsible for distributing any assets that are specifically bequeathed to someone other than the surviving spouse.

If there is no will, there may have to be an estate opened in order to obtain possession of the items. If you do not have a good relationship with the surviving spouse, you may need to review the situation with an attorney in order to protect your interests.

The heirs get to take the property when the heirs become legal owners of the property. How do the heirs become legal owners? It all depends. Someone needs to talk to a lawyer.