Legal Question in Wills and Trusts in Illinois

Re: home

If the home is in your husband's name it will pass through his estate. If he had a Will, then the Will says who gets his property, subject to claims and expenses and subject to a spouse's right to renounce and spousal support award. If your husband did not have a Will, his property would pass 1/2 to you and 1/2 to children (and descendants of deceased child). If he has no children, then the entire estate passes to you as his spouse. Most likely a probate estate will need to be opened to sell the property or get title to the proper beneficiar(ies).