Legal Question in Wills and Trusts in Illinois
my wife died and had changed the beneficiary of her life ins and pension plans to my children she listed my sister in lsw as guardian for a trust my son is 20 yeard old now can he access this money
2 Answers from Attorneys
That raises a number of issues. As for the trust, it depends on the specific terms of the trust instrument. Qualified pension plans generally must be paid to the surviving spouse, unless the spouse signs a written waiver.
You should speak with an attorney to discuss the specific issues.
I agree with the comments of my collegue, Jeffrey Gottlieb. In addition, you would be able to claim a share of 1/3 of all of your wife's assets that are governed directly by her Will. Feel free to give me a call to discuss this. I never charge for initial consultations.
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