Legal Question in Wills and Trusts in Illinois

Re: Quick claim deed

A quit claim deed is just a *means* of conveying title to property. What it does with that title depends on what it says.

The deed might have conveyed property to another person. That would be out of his estate (see below).

It might also have conveyed title to his wife and himself as joint tenants with right of survivorship. In such case it does not pass as part of his estate but to the surviving joint tenant.

Also, you were given too vague a statement. She would have rights to his estate *only if he died without a will*. He could, by will, leave his estate to anyone he wanted, including most likely his new wife.

Contact the probate clerk of the county in which he lived and ask if there is a will or estate. If a will, you can pay for a copy. If no estate, the odds are he didn't own anything in his own name -- it was all in joint tenancy. Your wife has rights only on that property in his name which he did not leave by will to someone else.

If there is an estate, your wife as heir (person who would receive in the absence of a will) should receive notice thereof.

Re: Quick claim deed

You have not specified who was the grantor and who was the grantee, and how the grantee took title, tennants in common, Joint tennants, tennancy by the entirety, best to hire a real estate, or probate lawyer in that county to search and report to you his findings.