Legal Question in Wills and Trusts in Illinois
Step Family Rights
My mom and her husband have been married 10 years all the children are grown but a couple still live at home. They both had their own homes when they married. They Sold them both and built a new one together. If something ever happened to either one of them, lets say for instance my mother, would we (her kids) be entitled automatically to half of what is and what was hers? For instance what she came into the marriage with, and half of what they accumulated together? I appreciate your help. Thank you.
2 Answers from Attorneys
Re: Step Family Rights
No, that is not how it works. Your mom could have her assets/estate arranged in a number of ways. Basically, it depends on how her assets are titled, and for assets in her name alone, what her will says. If she holds assets in joint tenancy with her husband then those would automatically pass to him, regardless of how she acquired the asset. Assets in her sole name (with no beneficiary designated) would pass according to her will, if she has one, or if not then according to state law (1/2 to husband; 1/2 to children in IL).
Re: Step Family Rights
The answer to your question would all depend on whether they have any estate planning (wills, trusts), and how they have titled their assets.
You may want to have a family meeting about this, or talk to your mother about whether she has made any plans in this regard.
In my experience, blended families who do no estate planning end up with results that were not anticipated or wanted (i.e., all assets only ending up going to the children of the surviving spouse instead of going equally to all children).
I'm sure that the children of your mother's husband would share your concerns.
Good luck to you.
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