Final answer:
In Illinois, a surviving husband's legal life states may include inheritance rights determined by intestacy laws or the stipulations of a will, with consideration for elective share rights and other factors like prenuptial agreements and trust documents.
Step-by-step explanation:
In Illinois, a surviving husband could potentially have several legal life states or interests available to him, particularly in relation to inheritance and property rights following the death of his spouse. If the deceased spouse dies intestate, meaning without a will, the surviving spouse is typically entitled to a portion of the estate, which may include assets such as real estate, personal property, and bank accounts as dictated by the state's intestacy laws. In cases where a will is present, the surviving spouse's entitlements would be determined according to the stipulations within that will, keeping in mind that certain spousal rights, like the elective share, could still apply even against the will's provisions.
It's important to note that these inheritance rights may be influenced by factors such as the existence of any prenuptial agreements, the nature of the property owned by the deceased (whether it was separate property or marital property), and any other legal documents like trusts that could direct the distribution of assets. Furthermore, if a surviving spouse feels that the will is not reflective of the deceased's true intentions or was created under circumstances such as duress or lack of capacity, they could challenge the will's validity in probate court.