Legal Question in Wills and Trusts in Illinois
Wills-void after re-marrage?
When the man dies in a marriage with no updated Will, only one from a previous marriage,over twenty years ago, who gets the inherritance, the people listed in the previous will or the present widow?
Asked on 6/21/06, 6:53 pm
1 Answer from Attorneys
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: Wills-void after re-marrage?
The people listed in the previous (most recent) will, except for a spouse named who later divorced the decedent, would be the beneficiaries as per the will, if it was validly executed. However, the current surviving spouse has the right to renounce the will and take her "statutory share" (1/3 if there are children; 1/2 if no children). She would also be entitled to a spouse's award (min. 10K).
Answered on 6/21/06, 7:34 pm
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