Legal Question in Wills and Trusts in Illinois

Can my husband claim my soon to get inheritance. We are in good terms, but I do not want to give him my fathers hard earned mony. I much rather spend it on my children for college. I need to know what legal rights does my husband have or does not have. I live in chicago, Thanks


Asked on 10/29/10, 11:09 am

4 Answers from Attorneys

Manish Bhatia Manish C. Bhatia, Attorney at Law

It is difficult to answer the question without more details, such as whether you have an existing Will or Trust, is this a second marriage, how is your father's money held, etc. If you wish to discuss this further, please feel free to contact me. There are ways to hold the assets so that you can provide the terms under which your husband or your son can use the assets.

-Manish

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Answered on 11/03/10, 11:20 am
Gregory Turza Law Offices of Gregory P Turza

It is important to consult with an attorney before you receive the inheritance. He will be able to advise you on how to keep it separate from the accounts you have with your husband.

You can spend it any way you like during your life, but if you want to leave it to your children then you need to consult with an attorney. Your husband does have rights in certain circumstances to inherit from you. In order to plan around that you will need the assistance of a lawyer. www.legacylaws.com.

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Answered on 11/03/10, 11:35 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

No, if you hire an attorney and follow his/her advice. Feel free to call me for a free consultation.

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Answered on 11/03/10, 11:46 am
Leon Teichner Leon J. Teichner & Associates

Inheritances, if kept in seperate accounts may be what is called "non-marital" property and not subject to the reach of your husband in the event of a divorce.

Please call for further details and to properly set up and maintain this account.

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Answered on 11/03/10, 3:09 pm


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