Legal Question in Wills and Trusts in Illinois

If you are the 100% designated beneficiary on certain assets, then I see no obvious reason why you'd be compelled to split those assets. The Will only applies to assets in a decedent's sole name with no designated beneficiary. Likewise, your husband's debts, such as medical expenses, are expenses of the probate estate, not your expenses. With two prior estates involved, the situation appears sufficiently complicated such that you should retain a lawyer to assist you in sorting everything through.

"the executor does not plan to file the will or probate the will"

First things first, the executor (or whoever holds the original Will) is legally obligated to file the Will with the court within 30 days of death.

You absolutely need counsel to handle this matter on your behalf. There is a lot more information that is needed. If you would like to discuss further, feel free to contact me at your convenience.

I understand everyone's desire to avoid paying legal fees. However, as my collegues suggest, you should, at least, have a consultation with a lawyer to determine what your rights are. Some assets are NOT transferred by Will (for example, jointly held bank accounts, houses held in joint tenancy, IRAs with beneficiary designations). I also wonder whether they actually have the original Will.

Feel free to call me for a free consultation. If it makes sense to hire me, I'd be happy to help. If not, at least you'll have a better idea as to what is going on.