Legal Question in Family Law in Illinois
Next of kin in Bygamy Situation
In the case of death and the deceased has 2 wives, who claims the body? What do the grown children do if neither wife wants to claim the body? What if neither wife can be located? What happens to the deceased property in this case if there is no will?
1 Answer from Attorneys
Re: Next of kin in Bygamy Situation
A definitive answer would require further investigation and research, but I believe the second (attempted) marriage was de facto invalid due to already being married. Unless the first marriage was terminated by divorce, the first wife will probably be considered the surviving spouse for inheritance purposes. If there is no will, in Illinois the surviving spouse gets 1/2 of the estate and the children the other 1/2.
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