Dad died without a will so his wife says. She claims to still be married to my dad after living out of the home for more than 10 years. If the home was purchased before the marriage (state: IL) and her name is not on the house. Does she get part of the house? In Illinois whatever was puchased before the marriage is separate property. So because he died without a will how is it the house is part of her assets?
2007-02-27 02:22:54 · 13 answers · asked by DeAndre S 1 in Family & Relationships ➔ Family
Sounds like you should get a lawyer!
2007-02-27 02:26:38 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The house would not be part of the assets in a divorce case, but you are talking about a death. Usually, in a death without a will, the house WILL go to the wife. Some states the children may have an interest. You'd better hire an attorney as soon as possible. In Illinois, apparently children DO have an interest. The surviving spouse, however, IS the executor of the estate if there is no will. Read the attached for information. http://familyestate.com/main/probate.htm
2007-02-27 02:28:35 · answer #2 · answered by Anonymous · 1⤊ 0⤋
In Illinois, the Probate Act entitles a spouse to renounce a will and claim a significant portion of the deceased spouse's estate - even if the will sought to disinherit the spouse and protect the estate for the children. If there are no children of the deceased spouse and he or she dies without a will (intestate) the entire estate will pass to the surviving spouse. If there is no will and the decedent leaves children, the surviving spouse will inherit one-half of the entire estate and one-half of the estate is divided among surviving children.
2007-02-27 03:01:41 · answer #3 · answered by mark my words 3 · 0⤊ 0⤋
because unless you get a divorce the wife gets the home because in most cases she would live there.
You should talk to a lawyer and see if there is a way to prove that she was no longer with him.
they will more than likely give a free consultation.
good luck and make sure to move fast so it is tied up before she gets possession of the house.
2007-02-27 02:30:12 · answer #4 · answered by Anonymous · 1⤊ 0⤋
i wish i knew more about this subject for you. all states have a web page that has all this info. i've checked them out for a friend before. if you type in what you're looking for you should find something. there are a lot of ins and outs with this kind of thing. best to check the web site or contact a lawyer. best of luck.
2007-02-27 02:44:18 · answer #5 · answered by racer 51 7 · 0⤊ 0⤋
From what I know if your dad never had a will she is out of luck as your dads estate goes to his next of kin and if she was not named, then it goes automatically to his children . Make a call to a lawyer it will cost you nothing to ask this question where ever you live,.
2007-03-02 14:00:32 · answer #6 · answered by jumps62 3 · 0⤊ 0⤋
if your information is correct probably not. BUT HIGHLY SUGGEST YOU GET AN ATTORNEY As Soon As Possible !!!
Know of a situation like yours,, sounds completely nutz….. in the situation I know about the “wife” was just about 3 points the other side of S. L. U. T…. so get an attorney NOW!!
2007-02-27 02:59:20 · answer #7 · answered by logicalanswer 4 · 0⤊ 0⤋
Only a lawyer familiar with property laws in your state can answer this.
2007-02-27 02:27:10 · answer #8 · answered by Catana 2 · 1⤊ 0⤋
ok, you know those door thingys above the counter..or alongside the backside..or perhaps that great metallic factor that hums.. Open those doorways and examine interior. There could desire to be something suitable for eating in there. ;)
2016-09-29 23:38:19 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Without a will the surviving spouse automatically gets everything.
2007-02-27 02:27:12 · answer #10 · answered by Anonymous · 1⤊ 1⤋