My jurisdiction is: Illinois
My husband was made executor and me, co-executor by our neighbor lady who passed away 3 years ago. She put us in her will and put my husband on her CDs, as POD. We always helped her out when she needed it and she did this in return as nobody else in her family would help her out.
Now, the problem. She was married, but her husband is in prison in Texas, projected release of February 2061. He is 69 years old. She chose not to provide for him in any way. We were notified that he is contesting the will and wanted his share of the house, which was left to us in the will. So, the house has been put up for sale. We understand that, legally, he is entitled to a share. Yesterday, we found out that he wants the CDs as well, but is willing to split everything with us to save court costs.
So, my question is: if he does receive all of this money, is he legally entitled to keep it since he is imprisoned in Texas or will the money be taken for his upkeep?
My husband was made executor and me, co-executor by our neighbor lady who passed away 3 years ago. She put us in her will and put my husband on her CDs, as POD. We always helped her out when she needed it and she did this in return as nobody else in her family would help her out.
Now, the problem. She was married, but her husband is in prison in Texas, projected release of February 2061. He is 69 years old. She chose not to provide for him in any way. We were notified that he is contesting the will and wanted his share of the house, which was left to us in the will. So, the house has been put up for sale. We understand that, legally, he is entitled to a share. Yesterday, we found out that he wants the CDs as well, but is willing to split everything with us to save court costs.
So, my question is: if he does receive all of this money, is he legally entitled to keep it since he is imprisoned in Texas or will the money be taken for his upkeep?