Legal Question in Wills and Trusts in Illinois
Previous will valid after remarriage
My husband and I have been married for 9 years. All property, debt, bank accounts,etc. are in our names jointly. Prior to our marriage my husband had a Will leaving all assets to his children. If he dies will I have any claims to these assets or will his children receive everything?
Thank you.
1 Answer from Attorneys
Re: Previous will valid after remarriage
Anything that is held in joint tenancy with rights of survivorship will pass to the remaining joint tenant upon the death of the first. Anything that is in your husband's name alone would pass according to his will.
However, a spouse is able to contest the will and possibly receive 50% of the proceeds of the estate. This would be done through a probate court.
The best thing to do, however, is to see an estate planning attorney to redraft your husband's will and to make a will of your own.
Good luck to you.
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