Full question:
If someone dies and has been married to his wife for 20 years, and in his will leaves the house that he shared with his wife to his adult daughter, does the wife have any recourse?
- Category: Wills and Estates
- Date:
- State: Illinois
Answer:
If the house is owned jointly by the husband and wife, it will pass to the surviving spouse regardless of the will's provisions. If the title is held as tenants by the entirety or joint tenants with rights of survivorship, the wife automatically inherits the house.
The surviving spouse can also choose to renounce the will. By doing so, they are entitled to a share of the estate: one-third if there are descendants, or one-half if there are none. To renounce the will, the surviving spouse must file a written declaration in the court where the will was probated. This must be done within seven months of the will's admission to probate, or within a time allowed by the court if litigation is pending regarding the estate.
Renouncing the will means the surviving spouse cannot claim under it, and any future interests granted to them will be treated as if they had predeceased the testator, unless the will states otherwise. If the renunciation affects the value of other legacies, the court will adjust them accordingly.
Additionally, the surviving wife may have rights under Illinois homestead law, which protects certain property rights upon the death of a spouse.
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.