Legal Question in Wills and Trusts in Illinois

I am sorry for your loss. I do not see that you can fight the intestate succession, but you do have the right to a spousal share off the top which actually has some flexibility to it, stating, "... a sum of money that the court deems reasonable for the proper support of the surviving spouse for the period of 9 months after the death of the decedent in a manner suited to the condition in life of the surviving spouse and to the condition of the estate ... The award may in no case be less than $20,000."

I am sorry for your loss. Without a will, you cannot fight intestate succession as such, but you do have additional rights as surviving spouse.

Keep in mind that all estate debts and administration expenses are paid before intestate split. This can be significant. This includes:

1. Payment or reimbursement of funeral expenses.

2. A surviving spouse's award for support. The minimum award is $20,000, but you can potentially request more.

3. You may have claims against the estate as a creditor. One of those claims may be as a custodial caregiver if he was disabled and you cared for him.

4. You have preference to appoint yourself to administer his estate. You are entitled to a fee for those services to the estate.

You need to contact a probate attorney with all of the specifics to assess your rights and determine how to proceed.