Legal Question in Wills and Trusts in Illinois

My husband of 36 years died without a will. My name is on the deed. Do my children have the right to come in and take anything they want without telling me.


Asked on 10/25/11, 10:41 am

3 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

No they do not.

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Answered on 10/25/11, 10:59 am
Virginia Prihoda Law Offices of Virginia Prihoda

My sympathies on the loss of your husband.

The relative rights of yourself and your children is a function of how any assets you and your husband owned together were titled, and whether there are any beneficiary designations on accounts or policies. Usually, husband and wife own property as "joint tenants with right of survivorship" or as "tenants by the entirety" meaning that on the death of the first spouse, the property belongs to the surviving spouse without any court proceeding needed to establish the ownership rights of the surviving spouse.

Your children cannot legally invade your space without your permission (this is considered trespass). What precisely you need to do with respect to your husband's estate, and what will happen to your property when you die (or become disabled) are things an attorney, such as myself or your attorney of choice, can help you with.

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Answered on 10/25/11, 11:06 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Both you and your children deserve solid answers. I strongly recommend that you discuss your late husband's holdings with an attorney who is experienced in this area. That attorney will advise you of what needs to be done, and how you can get your children to keep their distance. Feel free to call me for a free consultation.

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Answered on 10/25/11, 11:22 am


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