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Protection of Spouse and Children A spouse who is left nothing or very little can elect to take a statutory share instead of what is willed to him or her. This is one-half after debts if there are no descendants and one-third if there are descendants. In addition to his or her share of the estate a spouse or minor or dependent child of the decedent is entitled to an award to maintain his or her accustomed standard of living for 9 months. This gets paid before the decedent's creditors so the family of an insolvent decedent can still get something. The amount is set by the court, but is not less than $10,000 for the spouse and not less than $5000 for each child.
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Donald M.
Thompson * 55 W. Monroe #3950; Chicago, IL 60603 |
