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How do we find out what sister's last wishes were?

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lesterfam

Junior Member
What is the name of your state (only U.S. law)? Illinois

My sister was diagnosed with brain cancer in June of 2010 and passed away in August of 2010. She had only been with her current husband for 1.5 years. She has no children of her own, only stepchildren from her first marriage. Her first husband passed away several years ago. She had a home with the first husband that she sold prior to dying. The house sold for $250,000. It was located in St. Louis, Missouri. My sister also had money invested and a life insurance policy. The investments were made prior to her current marriage.

Her only surviving relative is her mother who is in her mid 80's. I am her half sister, we share the same father who is deceased.

Her now widower is claiming that when they got married, they allegedly decided that if one of them died the other would gain 100% of the other's assets. Our sister was a very sweet and genorous woman. We know she would not have agreed to this with someone the rest of us barely know. He is being very tight lipped about the whole subject. What do we do as her family to find out what her last wishes were? He had power of attorney when she became sick.
 


cyjeff

Senior Member
If she didn't have a will, 100% DOES go to the spouse.

He may be tight lipped because he just lost the woman he loves (and who knew him well enough to marry him) and all her family wants to do is ask "what's my share".
 

latigo

Senior Member
It is only when the deceased’s last wishes - with respect to the distribution of his or her estate - have meaningful legal consequences is when they are expressed in a last will and testament and the will is admitted to probate.

Verbal statements of the deceased’s desires in that regard - no matter how sincere or convincing or corroborated - are never admissible to prove testamentary intent.

You don’t mention that your sister left such a will. Also you tell us that she was childless. If such is so - no will and no living children or grandchildren - then under Illinois law her husband succeeds to her entire estate – real and personal and both marital and non-marital property. * And irrespective of the length of the marriage.
______________________


[*] Illinois Compiled Laws Chapter 755 Estates - Illinois Intestacy Statute
5/2-1. Rules of descent and distribution


Section 2-1. Rules of descent and distribution.

"The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:

* * * *
(c) If there is a surviving spouse but no descendant of the decedent: the entire estate to the surviving spouse."
 

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