Legal Question in Wills and Trusts in Illinois

Re: wife dead no will

When there is no will the estate passes to the intestate heirs. If there is a spouse and no descendants then it is 100% to spouse. If there are descendants, then 50% to spouse and 50% among children and descendants of deceased children. However, the spouse is also entitled to a spouse's award. The award is an amount not less than $10,000, but may be more based on need. This award can be satisfied with property like belongings. So she may end up with belongings, maybe, but it may be as an election made as part of a spouse's award.

You might want to consult with an attorney who can review the entire situation.