Legal Question in Family Law in Illinois
Will & Trust upon my husbands death
My husbnd died on 12/19/08. I have a will dated April 2000. I am suppose to get half of the proceeds from the sale of the apt. We sold the apt in 2005 and split the proceeds into 2 accounts. One account in husband name only and other in a trust. His sister is a CPA and named her as executor of willl and trustee of trust fund. She told me I get nothing from the trust. What is my rights unde his will?
3 Answers from Attorneys
Re: Will & Trust upon my husbands death
It is impossible to answer this question without seeing the will. You will need to have an experiencd probate and/or estate planning attorney review this will in order to figure this out.
Re: Will & Trust upon my husbands death
You are entitled to aspouses share under the will.
Re: Will & Trust upon my husbands death
Remember that the trust and the will are treated separately.
The trust is going to depend basically on who the beneficiary was - if your sister in law is saying you get nothing, that is probably because you are not the beneficiary (perhaps your children are?).
The will is going to depend on who is listed as a beneficiary and also whether you can claim an "intestate share" regardless of what the will says.
There are a lot of wrinkles in this sort of thing and if you feel you are being treated unfairly, I suggest hiring an attorney.
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