Legal Question in Wills and Trusts in Illinois
My husband died May 21, 2010. We did not have a will. We own our house jointly, have 3 children and no savings. My husband's mother passed away 8 months previous to my husband. She had a will stating that her 8 children inherit equally her estate, which included my husband. She had farmland, CD's etc. to be sold and divided equally. The will was contested by another son's family. Because it was contested, my husband passed away before everything was distributed. Now I am told by the exector of my mother-in-law's estate that I will get 1/2 of my husband's portion and our three children will get the other half to be divided equally amongst them. Is that correct?
1 Answer from Attorneys
Yes, because your husband did not have a will. If he had a will leaving his estate to you then his inheritance from his deceased mother would have gone to you alone. But since your husband left no instructions a statutory rule takes over which leaves one half to the surviving spouse and one half to the children.
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