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How do I get my name on bank accounts and house? My wife of 39 years died and we have no will.My wife of 39 years has died and there are several bank accounts (all under 5,000.00) with only her name on them. Also, the house we live in is only in her name (value about 260K). We always thought that the surviving spouse got all the property if there was no will. I guess this is wrong. No one is claiming anything but how do I claim these items? Attorney answers (5)
Reputation Level 10
Answered over 2 years ago.
Probate Attorney in Lincolnshire, IL.
Since the house was solely in your spouse's name, you will need to open a probate estate at the courthouse in the county in which your spouse resided at the time of your death. I recommend that you retain the services of an attorney to do this. You will need to do this despite the fact that you spouse died without a will.
Wilfred H. Chan Law Offices of Wilfred H. Chan LLC 1860 W. Winchester Road, Suite 109 Libertyville, IL 60048 (847) 970-0005 1 person marked this answer as good
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Reputation Level 16
Answered over 2 years ago.
Workers' Compensation Lawyer in Chicago, IL.
You are right about the surviving spouse getting all the property (unless she has children, in which case you would get half and the children would get half). However, the property doesn't transfer automatically. You need to go through the court's probate process. The links below explain the process in more detail. Consider hiring a probate attorney to guide you.
Do you have any children? If your wife had children, her children are entitled to half of her estate. If there are no children, then the Illinois Probate Statute says that you are entitle to all of her assets. However, since you did not own any of them in joint tenancy, and there is real estate involved, you will mostly likely have to open a probate estate to transfer her assets to yourself. The below link maybe be able to answer questions regarding the probate process.
http://www.okeefelawoffice.com/estates-trusts-p... You should contact a local probate attorney to assist you with this matter. You should also consider having an estate planning attorney draft a will for yourself. 
You should arrange an attorney consultation. It is likely you will need to pursue administration of the estate in probate court. If your wife had children, their interests will need to be addressed. They are entitled to divide one-half the estate and will need to decline their shares if they are so inclined.
You are correct that the assumption about the surviving spouse was incorrect. If assets were title jointly, then they would pass to the survivor (such as a joint checking account or home held as joint tenants or tenants by the entirety), but otherwise Illinois law affords half the estate to the spouse and half to the children. While there are ways to avoid probate in certain circumstances (small estate affidavit; title company insuring real estate; etc.), it sounds like probate will be the best way for you to address the complications resulting from the lack of estate planning. While a retainer will be needed to proceed, it is likely that additional fees will be able to paid once estate funds are available. 
Reputation Level 1
Answered over 2 years ago.
Probate Attorney in Northbrook, IL.
Assuming your wife passed away in Illinois and was an Illinois resident, the Illinois intestate statute (the law governing the disposition of the estate when one dies without a will) will govern. If your wife had children surviving her as well as yourself, then the statute provides that a certain percentage will go to them and a certain percentage to you. If your spouse had children from a previous marriage, the situation could be a bit more complex, since the assets would have to be split between the children and the surviving spouse. Since real estate is involved, a probate proceeding may have to be commenced in the probate court of the county in which your wife passed away.
The probate process may not be difficult if the estate is probated under the Independent Administration process. If Supervised Administration is necessary, more court involvement will be necessary. This answer is only a general answer and is not intended to constitute legal advice. An independent attorney should be engaged in order to provide legal advice on this matter. Related Questions1 Attorney answers: 
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