Legal Question in Wills and Trusts in Illinois

Re: estates

I would recommend that you consult with an attorney since the answers to these issues are based on the specific facts of your situation (e.g., the overall value of the estate).

To give you some general information, in an intestate estate (without a will) the surviving spouse and the children of the decedent share in the estate. The surviving spouse is not entitled to everything unless she was named as a joint owner on the property during your father's lifetime in which case it would be her's alone upon his death. Real estate is often held in joint tenancy, as are bank accounts and vehicles.

However, this is generally not the case with personal property such as the tools you describe.

On the last issue of whether a divorce decree can be changed with regard to a pension, I would assume you are talking about a QDRO (Qualified Domestic Relations Order). While it is possible to make modifications after death, it is not an easy thing to do and requires approval from both the family law court and the pension plan administrator.

Generally, only the surviving spouse is allowed benefits from a qualified pension plan. Again, this is something that you will need to consult with an attorney about. Most attorneys don't deal with this area of law. You will therefore need to consult with an ERISA attorney, an employee benefits attorney, or a family law attorney who has the requisite knowledge of QDROs.

Good luck to you.