Legal Question in Wills and Trusts in Illinois

Re: Renouncing a will in probate

The question does not state whether the major piece of real estate is also the homestead of husband and wife. Assuming it is not, renunciation is a matter of right if completed within the statutory period(nine months). All that has to be done is to file a renunciation of the will. Spouse is entitled to 1/3 of the estate if decedent died with issue; 1/2 if no issue.

If major real estate is the residence, spouse has estate of homestead as well as renunciatory right, meaning, as well as forced share, the right to live rent-free in the residence for life.

Spose also has right to spouse award--a minimum of 10k. Spouse award is intended to be 6 months' support, and is a claim against the estate.

All of these rights can be waived in an ante/post-nuptial agreement, so be sure to check to see if any such agreement exists.

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further questions. (309) 786-3313