Legal Question in Wills and Trusts in Illinois
wills
if a will is made out prior to a marrige, leaving everything to a child, once the person is married to another, does that will still hold?? Will the said child have access to all assets, or does the new spouce have rights?? If so what rights do they have? What about marital assets? If the life insurence policy has spouce listed as beneficiary, does it go to the spouce, or the said child because of the prior will?
1 Answer from Attorneys
Re: wills
The spouse will have a right to challenge the will since the spouse can be entitled to half of the estate.
Life insurance goes to the beneficiary and does not go through the estate of a decedent (so therefore does not go according to will).
If you have specific questions, I would recommend that you sit down with an attorney to review them. Only someone who can be presented with all of the pertinent facts can give you a thorough answer to your concerns.
Good luck to you.
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