Legal Question in Wills and Trusts in Illinois

She married him, he was one of her heirs on the date of her death, and there are certain benefits conferred by law to a surviving spouse. What your mother's surviving spouse is entitled to is a function of whether she left a will. Even if your mother left a will which bypasses her spouse, he is entitled to renounce the will and claim part of the estate. Someone in the family needs to sort out who is in charge of managing the estate and then talk to an attorney and get a qualified opinion as to what each heir or beneficiary is entitled to receive from your mother's estate, and to develop a plan for effectuating the distributions.