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Spouse's Right to Renounce Will A surviving spouse has a right to reject or renounce a decedent's will and take a specified percentage of the net estate. This right exists no matter what the will says. The specific share is one-third if there are descendants and one-half if there are no descendants. The right must be exercised within seven months of admission of the will to probate. This right exists only as to the probate estate. Property that passes outside the probate estate, such as property in trust or with a beneficiary designation, is not subject to this right. || Back to List of Topics ||
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Donald M.
Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois
Probate Lawyers |
