Legal Question in Wills and Trusts in Illinois

My husband purchased our home 10 months before our wedding. I have invested in a large number of improvements in this property only to find out after 8 years he placed the house in trust to his sons from his first marriage. Do I know lose all of my homestead rights? If he were to die or we divorce, am I now not entitled to half of the properties improvements?


Asked on 4/21/14, 4:59 pm

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

You would have a problem in the event of a divorce or the death of your husband. The improvements you created may give you some equitable rights in the property but these can only be enforced in a lawsuit. You and your husband need to talk about your financial future in the event he precedes you in death. You may benefit from talking to a financial planner.

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Answered on 4/21/14, 10:22 pm


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