Q: My husband passed with no will. His children are telling me they want his 2 trucks, motorcycle and trailer?
Do I have any right to the value of these after 30 years of marriage
A:
I’m SO sorry to hear about this; how awful.
A surviving spouse is entitled to half the assets of a deceased spouse. Please call me at (312) 300-4743 to discuss, if you’d like.
Charles E. Hutchinson agrees with this answer
A: Under Illinois law, when a married person, who also has children, dies without a will, the estate is divided up by giving the spouse 1/2 of the estate and the other 1/2 of the estate is divided evenly among the children. How the estate is divided is up to the person who will eventually named the executor by the court. I suggest that it may be in your best interest to ask the court that you be named the executor. I also think that Stephanie Sexauer can do an excellent job for you.
A: As a surviving spouse you are also likely to be entitled to the first $20,000 of your late husband's estate as a widow's award. Whatever you do, don't be bullied by his kids -- get a lawyer ASAP.
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