Legal Question in Real Estate Law in Illinois

if you are married and your husband has property before you were married also has a son from his first marriage, you are not on the mortgage or title do you have any rights to the property

when your spouse passes away

Asked on 11/26/17, 8:04 am

1 Answer from Attorneys

David K. Staub Staub Anderson LLC

There is no simple answer to your question. The most basic answer is no, you have no rights in that specific property. If it was held in your husband's name (not in the name of a trust or as a joint tenant), then the property would be a part of his estate and on his death you would be entitled to one-third of his estate even if you were excluded from his will (assuming there was no prenuptial agreement that would overrule that result). That is an oversimplification, though, and if you have that situation, you should consult a lawyer.

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Answered on 11/27/17, 1:11 pm

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