Legal Question in Constitutional Law in Illinois

Re: will

I'm not an expert on wills or on Illinois law, so I can only offer a general answer to the first part of your question.

I believe that a fetus has no legal rights to money whether it is transfered via a will or any other means. People obtain such rights at birth and not at conception or any other time in between.

Also, you should note that many pregnancies fail for reasons other than an abortion. This is one reason why fetuses don't have the same rights as people who have been born. There are rules which determine how money which had been willed to a child should be distributed if the child has died before the testator, and if fetuses had the same rights as children then the same rules would apply to their bequests. These rules usually would make the child's bequest revert to the estate as a whole and, unless the will says otherwise, it would most likely go to the surviving spouse.

There have been many cases in which the will of a deceased husband sought to control his widow's major life decisions. Usually, these wills said that the widow would lose her claim to the estate if she were to remarry. As far as I know these clauses have always been held invalid because the widow is entitled to live her own life, and because the deceased husband should not be able to control her from beyond the grave. I see no reason why a penalty for having an abortion would be treated any differently from a penalty for remarriage.

As to the last part of your question: since an abortion is not considered murder, having one can never be deemed murder for financial gain or for any other reason. Even if abortion is considered murder in Illinois, she could just travel to another state and have the procedure legally.

Re: will

Hello. In my opinion, you can leave gifts or

(bequests) in your will for your unborn child;

certainly if your wife's pregnancy is in the third trimester. If you die before your child

is born and your wife gets an abortion, she might

have a problem. I suggests that you approach your wife with a post-nuptial agreement in which she agrees not to get an abortion, if you die before your child is born. Pre-nuptial agrees

are more easily enforceable than post-nuptial

agreements, but with your fact pattern, that is

the best that I can suggest. I do not recall any cases with this fact pattern. The question is..... how long have you and your wife been married and did you acquire the property that you intend to leave to your wife and unborn child before or during your marriage. I will be happy to answer any additional questions that you might have.