You drafted a will leaving your property to your children from a previous marriage; you gave your current spouse specific assets; you now think your estate plan is complete. But did you know that Illinois law may give your spouse the right to reject your last will and testament and claim a larger portion of your estate instead? This right is called the “spousal elective share”, and it can completely override your carefully planned estate distribution.
Understanding how Illinois’ elective share law works helps you create an estate plan that reflects your wishes, while also accounting for your spouse’s legal rights. Ignoring these rights can lead to family conflict and court battles after your death. Avoid this by working with our skilled Oak Park, IL estate planning attorney.