Legal Question in Wills and Trusts in Illinois

Spousal Award question

Father in Law passed away unexpectedly earlier this year. His only daughter was sole benificary in his will. stepmother has renounced the will and has posession of home, 3 cars and all joint accounts.

Stepmother has filed a claim for 30k spousal award according to IL. Probate Act. I was looking at the section for spousal awards and a paragraph B talks about the award if spouse files a renounciation of will. Doe's the language mean she is not entitled to award since she renounced the will? After she filed claim for spousal support the estates attorney filed and recieved a court order for her to produce financial docs pertaining to FIl income. She & her attorney did not produce these docs by the date ordered. What can happen (sanctions, etc.) since they did not produce them.

With Stepmother in posession for home, cars and joint bank accounts that are 3/4 of estate, this leaves 1 bank account is FIL name only. Can a judge reduce stepmother 1/3 since she has 3/4 of total value of estate?


Asked on 8/23/05, 1:58 pm

1 Answer from Attorneys
Mark Banks-Golub Attorney at Law

Re: Spousal Award question

Section 15-3(b) of the Probate Act provides that, upon petition of the survivng spouse, an heir, legatee, or beneficiary, the court may increase or decrease the award as justice requires.

I would think that in this case, there is a strong argument to be made for the award to be decreased, or even eliminated entirely.

As for the Spouse not having produced documents on a timely basis, courts in IL are, as are courts nearly everywhere, in favor of the fair administration of justice more than strict technicality. The daughter can file a motion to compel production of the documentation, or file a rule to show cause why the stepmother's application for support should not be denied. However, the reality is that the court will most likely allow the stepmother additional time to produce the documentation unless she fails to appear for the hearing on the motion.

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Answered on 8/23/05, 5:04 pm


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