Legal Question in Family Law in Illinois

My husband inherited a land trust from his mom and dad after her passing in October. We have known about it for years so it came as no surprise. My husband and I married in 1999, I think she officially did the legal papers for trust in 2004. I was aware that she only ended up putting his name on it and was told it was just what the attorney told her to do, it was assumed it was mine and his. Now we are discussing separating and my husband does not think I am entitled to half of it. We live in IL.


Asked on 7/25/15, 10:35 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Inherited property is non-marital. If his mom left it to him, it is his and his alone. Their oral statements t you are worth the paper they are written on. They are meaningless. If the marital estate has paid expenses of the non-marital property, then it may be entitled to reimbursement for those expenses, but they are not so much in the last 9 months to be able to argue with a chance of success that the property has been transmuted into marital property.

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Answered on 7/26/15, 5:22 am


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