IL Bar Practice Questions - Illinois Bar Examination Exam

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A surviving spouse is dissatisfied with the small share left to her in the deceased spouse's will. Under Illinois law, what statutory protection generally allows the surviving spouse to claim a portion of the estate against the will?

There is no protection; the will controls absolutely The surviving spouse may renounce the will and take a statutory elective (forced) share The surviving spouse automatically inherits the entire estate The spouse may only contest the will for fraud

Correct Answer:

The surviving spouse may renounce the will and take a statutory elective (forced) share

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