Full question:
I am a widow living with my husband’s son, who is from my husband’s previous marriage. I want to keep his son and plan to take care of him until he becomes an adult. In this case, how much share do I get in my husband’s property now that he left behind a son who is dependent on me if I give up the share in the will?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Illinois
Answer:
As a widow, you are entitled to one-third of your husband’s estate because he has a son from a previous marriage. If there were no children, you would have received half of the estate. Even if you renounce your rights under the will, you still have the right to claim this share.
The relevant law is stated in 755 ILCS 5/2-8. It specifies that if a surviving spouse renounces a will, they are entitled to one-third of the estate if there are descendants, or half if there are none. To renounce the will, you must file a written instrument in the court where the will was probated within seven months of its admission. This filing bars any claims under the will.
If you renounce the will, any future interests granted to you will be treated as if you had predeceased your husband, unless the will states otherwise. Additionally, if your renunciation affects the legacies to others, the court will adjust those legacies accordingly.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.