Legal Question in Wills and Trusts in Illinois
Can a widow legally assume her dead husband's last name after he has died? She always went by her 1st marriage last name after they were married, now that he has passed away and is trying to suie his son, whom he left everything to, she has her last name with a hyphenated and then his father's last name... can she do that legally without it being filled?
2 Answers from Attorneys
You should do a legal name change
There is no point to the name change if you think it will help her in her lawsuit against her husband's son. When asking a question on this list it is better to state your goal and provide a few more facts. What is she trying to accomplish? If she wants to inherit from her deceased husband then a consultation with a lawyer is essential. She may or may not have a case depending on how assets are titled, whether he had a will or a trust, whether any of his assets were retirement plans etc. The issue of whether she can inherit from him will turn on answers to these and other questions.
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