Wills & Estates
by Wes Cowell; updated 13 February 2016 -- suggest a correction
A divorce invalidates any bequests to a former spouse — even if the will was prepared before the marriage. Need advice? Call, leave your info, or scheduleschedule a consult.
Illinois’ Probate Act says that once a couple divorces, any language in their wills that would have left property to their (now former) spouse is not enforceable. If you expect to inherit money from your former spouse – even if the language is specific in the will – the inheritance won’t happen once the divorce is finalized. A new, post-divorce will must be prepared and executed.
Even when a person names a friend as a beneficiary under his will, marries that friend, a subsequent divorce absolutely revokes any legacy or devise to the friend / former-spouse. The revocation-by-divorce provision of the Probate Act applies whether the testator executed his will before or after his marriage and prevents a devisee (one who inherits) from taking the estate she would have received had she never married the testator. In re: Estate of Forest, 302 Ill.App.3d 1021, 706 N.E.2d 1043 (3d Dist., 1999).
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> Marital Property Division Factors
> "Marital" & "Non-Marital" Property
> Purchases Anticipating Marriage
> Dissipation — Stolen & Wasted Assets
> Commingling Marital and Non-Marital
> Transmutation — When "Marital"
Becomes "Non-Marital" & Vice-Versa
> 401(k)s and Retirement Investments
> Military Pensions and Divorce
> Saving the House – Injunctions
> Dividing S-Corp Retained Earnings
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