Legal Question in Wills and Trusts in Illinois
Real & Personal Property
Father passed in Feb and left me as sole Beneficiary. Stepmother has renounced Will in oreder to receive under IL law 1/3 of estate. Here are my questions.
Estate's attorney had a court order for stepmother to produce financial records for her claim of 30K spousal support. She & her Attorney never produce these financial docs to the court or estate's attorney, so what could be the ramification of her non action?
My father owned a home before he married stepmother. He had all the payments automatic withdrawn from a account funded by a inheritance left to him by his parents. He added stepmom to house deed when he refinanced in 2003. Do we have any claim to this house? Can stepmother claim 1/3 of the account left to him by his parents. He placed 4 accounts with his name & stepmoms name but she wants more.
Can stepmother claim 1/3 of peronsal property left to him by his parents before they were married? All we asked for was that property and everthing he bought himself before and during marriage we don't want any of it.
1 Answer from Attorneys
Re: Real & Personal Property
With respect to the spouse's award, consider asking the court to limit the award to the 10K minimum for her failure to support anything higher.
With respect to what assets are subject to the will renunciation, any assets titled in joint tenancy with rights of survivorship with stepmom are hers 100% by operation of law and don't pass through the estate (there are some exceptions to this rule, but they are rare and require court action). All assets titled in your father's sole name, regardless of when and how he acquired them, pass through the probate estate and are all subject to stepmom's 1/3 share.
Stepmom has her own attorney and the Estate has its attorney. You might be well served having an attorney represent you and your interests.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
