Legal Question in Wills and Trusts in Illinois

Re: can this shorten probate time?

There are two things that may be going on.

1, The husband may be challenging the validity of the will. If the will is upset and there's no prior will reinstated, he gets half the estate. *You* may say it's absurd, but the judge doesn't know you're the good guy & he's the bad guy. He only knows what's presented to him, and he can't simply say "that's absurd", and "this is going as she wanted" without giving the husband his full opportunity to present his case.

2. Even if the will is perfectly valid, there's a limit to how far one spouse can go in cutting out the other. He has a right to "renounce" the will and get 1/3 of the estate, plus a spousal award.

Re: can this shorten probate time?

Your mother's spouse has a right to his "statutory share" of the estate of one-third, if the will gives him less. Basically, you cannot leave your surviving spouse less than one third of your estate in Illinois. He is also entitled to other benefits, such as a "spouses award" of 9 months worth of expenses. The executor's counsel can explain all this to the executor.