Legal Question in Wills and Trusts in Illinois
My husband and I have been married for 4 years. Last week we had a health scare and it got me to thinking. The house we live in is in his name only acquirred before our marriage. He has a will that gives everything to his daughter who is 32. What rights do I have for staying the the home, we share, in the event of his passing?
2 Answers from Attorneys
Generally, your rights in the home itself would be very limited except for a homestead claim. From the estate, if any (other assets might be jointly held or name beneficiaries), you would be entitled to a spousal award and can renounce the will to give you a share of the estate. You should meet with an attorney to discuss a change in the title to the property and a change to your estate plans.
If your husband does not wish to provide for you in his will, upon his death you will have no rights to stay in the house. You will have a right to renounce the will and make a claim against the estate for your intestate share (1/3 of the probate estate) but that doesn't mean you will be able to stay in the house. I hope you are building your savings account and have assets in your own name as well as some retirement income. It's unlikely with "health issues" that you'll be successful in getting your spouse to get a life insurance policy naming you the beneficiary.
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