Legal Question in Wills and Trusts in Illinois
will
my dad pass away 1 yr ago.his wife not our mother can stay in his house as long as she maintaine's it tax's,home owner ins.as it say's it state's in our dad's will.who can claim it when filing taxe's and is there any she can end with the house.
1 Answer from Attorneys
Re: will
If your father's will allows his spouse to remain in the house during her lifetime, as long as she maintains the property taxes, and other expenses, he has granted her a "life estate." Unless the will gives her an ability to "assign" her interest, she would not be able to pass on the house to her own beneficiaries upon her death.
As long as she pays the property taxes, she would have a right to take them as a tax deduction.
Of course, this answer is based on your hypothetical facts and for that reason, this answer should not be considered legal advice.
No attorney will be able to give you a complete and accurate answer without first reading the will. Please take the will to a probate or estate planning attorney. He or she will be able to explain your rights. It will be worth the time and cost of a consultation.
Good luck to you.