Legal Question in Wills and Trusts in Illinois
Right of Inheritance
A man and a woman are married and jointly own a
piece of property in a neighboring state. The woman
dies. If both names are on the title of the property, can
the woman specify in her will that the property goes to
the children, or does the husband inherit by a right of
survivorship?
Asked on 9/09/05, 11:17 pm
1 Answer from Attorneys
Zedrick Braden III
Ainsworth & Associates PC
Re: Right of Inheritance
Hello. Whether the wife can leave the property
to her children depends on how the property is
held. If the property is held between the husband and wife as joint tenants with the right
of survivorship, then the husband takes all of
the property and the wife cannot give her interest away through a will. I will be happy
to answer any additional questions that you might
have.
Answered on 9/10/05, 2:42 am
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