Spouse's and Child's Awards  - chicago probate firms - lawyer estate planning illinois - probate settlement chicago


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Spouse's and Child's Awards

In a probated estate the spouse of the decedent is entitled to an award or allowance of an amount which the court deems reasonable for "proper" support for nine months after the death in a manner suited to the condition in life of the surviving spouse and the condition of the estate. The spouse is also entitled to an additional sum for the "proper" support during the 9 month period for dependent children living with the spouse. The award shall not be less than $10,000 for the spouse and $5,000 for each child. Dependent children are also entitled to an award when there is no surviving spouse.

These awards take priority over the claims of most creditors and take precedence over a will and are in addition to any gift in a will, unless the will specifically says any gift it makes to the spouse and/or children is in lieu of the award or allowance.

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Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois Probate Lawyers
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