Legal Question in Wills and Trusts in Illinois

I have left everything to my husband upon my death. How can I be sure he won't leave my children from a previous marriage out when he dies?


Asked on 11/09/11, 10:21 am

3 Answers from Attorneys

Manish Bhatia Manish C. Bhatia, Attorney at Law

By leaving assets to your husband in Trust rather than by Will, you can ensure that your estate will be available to him during his life, but will then pass to your children after his death. A Trust offers much more flexibility than a Will. Be sure to use an experienced attorney when preparing such documents though. If you would like to discuss your options in greater detail, fee free to contact me.

Manish C. Bhatia

(773)991-8423

[email protected]

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Answered on 11/09/11, 10:33 am
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Unfortunately, if you have left your estate to your husband outright, you cannot be sure that he will leave any portion of it to your children. A lot depends on what exactly is in your estate, and what your goals are, but there are other options available to you. Please do not hesitate to get in touch with me at 847-677-8700 if you need further assistance.

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Answered on 11/09/11, 10:45 am
Virginia Prihoda Law Offices of Virginia Prihoda

You can't. Once you give something away, it's gone. There are tools to help make sure any unused portion of the gift remaining on your husband's death goes to your children, but the only way to make sure your children receive a gift is to give it to them (with or without restrictions, after your death or during your lifetime).

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Answered on 11/09/11, 2:17 pm


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