Legal Question in Wills and Trusts in Illinois
My mother recently passed away. She owned her home free and clear for many years. She was married to a man for 26 years. Although she owned the property way before she married him and he was never an owner on the property he is claiming he should receive proceeds from the sale. She left it to me and my brother in her will. Is he correct? Thank you.
3 Answers from Attorneys
If she specifically left the house to you and your brother in her will, then no one else has rights to the home or proceeds from the sale. However, before you or your brother sell the house you should go through probate and get the home in your names in order to prevent any title issues later on.
If the estate is in probate court, then he may have certain rights in the estate. An attorney would need to examine the Will, and then determine if he has renounced the Will, and if so, how he would receive his share of the estate.
Feel free to give me a call to discuss the situation and whether you might want representation.
As her spouse, he has a right to contest the will in an attempt to receive a share of the estate. He must open a probate estate in order to do this. It is also possible that the title company will hold up transferring title until there is a determination on the spouse's rights, or until the end of the period for a valid will contest.
Good luck to you.
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