Legal Question in Wills and Trusts in Illinois
Renouncing a will in probate
Husband dies with will leaving major, solely owned real estate to two adult children (mother deceased). Surviving second wife is granted continued occupancy in the residence.
If the surviving 2nd wife "renounces" the will,
what burden of proof is required to be successful and how much of the estate can be claimed?
1 Answer from Attorneys
Re: Renouncing a will in probate
The question does not state whether the major piece of real estate is also the homestead of husband and wife. Assuming it is not, renunciation is a matter of right if completed within the statutory period(nine months). All that has to be done is to file a renunciation of the will. Spouse is entitled to 1/3 of the estate if decedent died with issue; 1/2 if no issue.
If major real estate is the residence, spouse has estate of homestead as well as renunciatory right, meaning, as well as forced share, the right to live rent-free in the residence for life.
Spose also has right to spouse award--a minimum of 10k. Spouse award is intended to be 6 months' support, and is a claim against the estate.
All of these rights can be waived in an ante/post-nuptial agreement, so be sure to check to see if any such agreement exists.
Please feel free to call or write, if you have
further questions. (309) 786-3313
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