Legal Question in Wills and Trusts in Illinois
Revocable Trust (dated 1994) states: Schedule A #3. "All my furniture and household goods.”
Last Will and Testament (dated 1994) states: Article Three. "All of my estate, including all property over which I may have power of appointment, which I hereby exercise."
This man was married to a 2nd wife in 1990.
My question is what is community property?
Anything accumulated in the marriage after the said 1994 dates?
Or is there no community property over which the wife has control?
1 Answer from Attorneys
Illinois has no "community prperrty". It has marital property, and non-marital property.
Non-marital property can be converted to marital a variety of ways, but not the other way around, and/or the non-owner can acquire "equities" in the spouse's non-marital property. If this is a second marriage there also may be a prenup.
Beyond that it is impossible to tell what the wife might have control of, as there is no indication of who the trustee of the trust is, who the beneficiaries are, who the executor of the will is, and what the bequests are. You will have to bring the trust and will to an estate/probate attorney for review.
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