Legal Question in Wills and Trusts in Illinois
Illinois surviving spouse rights
My parents were married 55 years when my father passed away. There are 6 children, including myself. Needless to say, all assests were accumulated during their marriage. My mother worked and per social secutity benefits actually made more money than dad. Until a couple of years ago, when a sister & brother took dad to revise his will, everything was owned jointly with the exception of 2 houses. Now, all accounts are only in dad's name and in 'his' will, he left the majority of assests to us, the children, including a rental home that he and mom owned jointly. Yes, her name is on the title. What he left her was the house they lived in and a checking account with 10,000 that is also in my sisters name and which she continues to write checks on & a 1000. life insurance policy. The funeral costs were over 8000. I feel that dad's will did not adequatly provide for mom. In the state of Illinois if he had died without a will she would be entitled to 50%. She was given less than 10%. There is also a clause that disinherites anyone that questions or contests the will! Is this legal? What are her rights as a surviving spouse?
1 Answer from Attorneys
Re: Illinois surviving spouse rights
There are a number of issues here:
1. If rental home was in joint tenancy with mom then it passes to her regardless of what the will says.
2. If the checking account is in joint tenancy then it also doesn't pass under the will.
3. Spouse always has the right to renounce the will and take her statutory share (1/3 of the estate).
4. Spouse also is entitled to a minimum of $10,000 off the top for spousal support, unless will expressly provides otherwise.
Mom should consider contacting a probate attorney to determine and enforce her rights.
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