Legal Question in Wills and Trusts in Illinois

If your mother left a valid will, the terms in the will control how her estate is distributed. Without seeing the actual will, nobody can say what it says and doesn't say, Contact a probate attorney to review the situation to determine what you should do, if anything.

No, your mother gets to decide what happens with her assets. That is true even if some of those assets were left to her by her husband or were jointly acquired by the two of them. She can consider what would be the right thing to do, but she is not compelled to do the right thing. She should consult with an attorney to be certain that the will actually accomplishes her intentions.

Just remember your mother's will controls only those assets without a beneficiary designation: if any of the bank accounts name a beneficiary, these accounts will NOT be controlled by what your mother's will says. Similarly, any property owned with a co-owner may or may not be controlled by the will, depending on how the joint ownership was created.