Wheaton, IL asked in Estate Planning for Illinois

Q: My dad passed (no spouse) and in his will left everything to my sister and myself.

Six weeks after his death my sister passes. She had a husband but no children. I am the executor and wondering if I have to pay out half my father's estate to her husband. Nothing has been distributed yet and they were talking about a divorce so it feels wrong to pay half of my dad's money to someone that he would not have wanted to inherit his estate.

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: It does depend on how the will was worded. You should have it reviewed by a probate attorney.

Stephanie Sexauer
Stephanie Sexauer
Answered
  • Estate Planning Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I'm so sorry to hear of your recent losses. It must be an awful time for you.

Unfortunately yes, now that your sister passed away, her half will go to he heirs, which happens to be her husband. \

If you'd like to discuss this by phone, I'd be happy to. My phone number is (312)300-4743.

Charles E. Hutchinson
Charles E. Hutchinson
Answered
  • Estate Planning Lawyer
  • Wilmette, IL
  • Licensed in Illinois

A: Under the laws of Illinois, a spouse does not have a claim to inheritance, divorce or otherwise. You are not required to distribute your father's estate to your late sister's husband. Sorry for your losses.

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