Legal Question in Wills and Trusts in Illinois
Can a wife's will override husband's
If a husband dies first and leaves his estate to his wife, but with
the suggestion that parts of it be divided amoung his
grandchildren, and not his children, can the wife's Will, which
re-allocates the estate, take precedent? In other words, could
she, for example, divide stock among her own children and the
grandchildren? Or must her Will conform to the wishes of her
deceased husband's will? (he passed away 17 years previoulsy)
1 Answer from Attorneys
Re: Can a wife's will override husband's
Wishes and desires in a will are not enforceable. If all your husband's property was delivered to you on his death and there are no trusts with terms about grandchildren, then the property is yours and you can do with it any way you want. His will has no legal effect on you. You may wish to honor his request but that is strictly up to you.
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