Legal Question in Wills and Trusts in Illinois
My husband & I would have been married 27 years this past December 29th. He was very ill the last 3 years of his life with lung cancer. I cared for him of course not knowing he planned to leave & move in with his sister when he was close to death, .that was his plan. He died 2 weeks after moving into my sister-in-laws home. She kept his passing a secret until she had the funeral & filed his death certificate. It took me 2 months to get a copy as I had to wait for it to be put into the computer system at the courthouse. Upon receiving a copy my sister-in-law stated on the death certificate ,separated ,in the married section & listed my maiden name. Is that legal? This has caused me unending problems ....is this considered separated? I discovered an e-mail from the cousin who is an attorney advising them to keep his passing a secret and to let the hospice service inform me by sending the usual condolence card as they claimed I intended to do something with his remains....what I have no idea. I believe this was done so she could file his death certificate this way..I learned of his passing by receiving a card from the hospice who cared for him up until his passing. I believe there is hidden assets as well. What are my rights?
3 Answers from Attorneys
Separated or not, that doesn't change your rights with respect to his estate. If he has assets in his name and has a probate estate, you have certain rights, including a spouse's award, a share of his estate and possibly you might have a claim against the estate for the care you provided. Beyond that, your interest depends on what assets he owned and how they were titled. You should consider consulting with an attorney to go through the possible scenarios and your options.
Regardless of any separation, when your husband died -- he was still your spouse. Your rights vary due to a number of factors (e.g., if he signed a Will or Trust, what property is in his name or jointly held with another).
Also, regardless of your relationship with your spouse, you may also qualify for a caregiver's award due to the 3 years that you spent assisting him.
However, some of these rights EXPIRE (i.e., TERMINATE) within a few months of your husband's death unless you take action.
I strongly advise you to discuss this matter with an attorney who is experienced in this area. Feel free to call me for a free consultation.
If you were legally married on the date of your husband's death, that is the fact that establishes your rights to participate in any estate your late husband may have left. I think you should start with an inventory of what you believe to be his assets and also yours, including verification of how title to the assets was held, and visit an attorney who can advise you concerning your specific situation.
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