Legal Question in Wills and Trusts in Illinois

Second marriage estate planning is always complicated by the conflicting desires to take care of the surviving spouse and to take care of the children from the previous marriage.

Your husband is free to do either one--and so are you. His children have no "right" to inherit from him. Neither do you.

But surviving spouses have certain advantages that you should become aware by consulting with an estate planning lawyer. Rules related to intestacy, spousal right to a statutory share (if applicable), and beneficiary designation restrictions on certain retirement plans favor the surviving spouse.

If you would like to discuss it go to www.legacylaws.com and click "Contact us" and call for a consultation.

If your husband does no estate planning (i.e., no Will, Trust, etc.), you would be entitled to an interest in the condo as well as other assets. However, your husband can create an Estate Plan that leaves you nothing (and could have done so prior to your marriage). You should retain an attorney to protect your interests and to explore what you and your husband feel is appropriate. It's much better to figure this out now, while you and your husband are living, competent and on good terms, than to leave this to a fight if he passes away before you do. Feel free to call me to discuss this further. I won't charge for the phone call.