Legal Question in Wills and Trusts in Illinois
If a will is unsigned, and the deceased is married.. what happens with the spouse/children?
2 Answers from Attorneys
You would be best advised modifying your post to relate the background better.
If you are looking at an unsigned will, that may simply be a copy that was provided. There may be a signed original somewhere (with the law firm that handled it, in a safe deposit box, in a drawer, in a fireproof file box, ...). If there is a finalized will that has not been revoked, then that would apply.
Otherwise, if there is not a valid will and assuming Illinois law, then the estate passes one-half to the spouse, one-half to be divided among the children or the descendants of any deceased child.
Again, it is hard to tell from your limited post what exactly may be involved.
If a will isn't signed, it's not recognized as a will in the legal system. If you are confronted with this situation with your family, I think this is a good reason to see an attorney to review your facts and circumstances.