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Illinois Elective Share In Illinois, a surviving spouse can elect to renounce the decedent spouse's will and will then be entitled to, after all just claims are fully paid, the following: 1/3 of the estate if the decedent has descendants; or. 1/2 of the estate if the decedent has no descendants.
§ 510. Modification and termination of provisions for maintenance, support, educational expenses, and property disposition. (B) upon a showing of a need to provide for the health care needs of the child under the order through health insurance or other means.
In Illinois, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.
In an Illinois divorce, all assets acquired during a marriage are subject to property division except ?property acquired by gift, legacy, or descent.? Inherited property and inheritance money usually fall into these categories as separate property, unless the court rules otherwise.
Sec. 513. Educational expenses for a non-minor child. (a) The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the educational expenses of any child of the parties.
If the surviving spouse renounces the will, he or she will receive a ? share of the decedent's estate if the decedent has any surviving descendants and a ½ share of the estate if the decedent does not have surviving descendants.
In Illinois, inherited property is generally considered separate property and not subject to division in a divorce settlement.
What is a surviving spouse entitled to in Illinois? The surviving spouse is entitled to 20,000 dollars or enough money to sustain them for nine months. This comes after any funeral costs. The exact amounts will be decided based on the circumstances of your finances.