Legal Question in Wills and Trusts in Illinois
Right to Inheritance
If a man separates from his wife in July, on her request, and then in January his mother dies, is the wife entitled to half of any inheritance the husband might receive?
Asked on 1/29/04, 10:36 pm
1 Answer from Attorneys
Jay Pollak
The Pollak Law Firm, LLC
Re: Right to Inheritance
The simple answer is no in Illinois. A wife can only inherit from her husband after he dies; being separated or in the midst of a divorce proceeding won't matter -- she will get 1/2. In a divorce proceeding inherited assets are not subject to attack by the spouse so long as they are kept separate and are not comingle them with any marital assets and are not used from marital expenses, such as a house payment.
Answered on 1/30/04, 9:57 am