Final answer:
In Illinois, if a spouse renounces a will in which they were disinherited, they may be entitled to the spousal elective share of the estate, and the children may also be entitled to a portion according to the state's intestacy laws. The specific share each party receives would depend on applicable state law at the time of probate.
Step-by-step explanation:
When a person dies and has left a will that disinherits their immediate family members, such as a wife and children, and the spouse renounces the will, the distribution of the estate would be governed by the laws of the state where the deceased resided. In Illinois (IL) law, if a spouse renounces a will, they are typically entitled to a portion of the estate. This is often referred to as the spousal elective share, and it can vary depending on the specifics of the law, such as the length of the marriage and the composition of the estate. As such, the wife may be entitled to claim an elective share against the estate, ensuring she receives a portion of the assets despite the wishes expressed in the will.
Furthermore, the children may also have legal rights to a share of the estate, depending on the state's intestacy laws, which govern the distribution of assets when someone dies without a will or when parts of a will are not valid. In general, intestate succession laws aim to distribute assets in a way that reflects how the average person would have intended their estate to be shared among close relatives.
Thus, even if the man intended to leave everything to his elderly mother, both the spouse and the children might still be legally entitled to portions of the estate under IL law. The exact distribution would depend on the size of the estate and applicable laws at the time of the probate proceedings.