Legal Question in Family Law in Illinois
legality of 2nd marriage-no divorce in 1st
my dad was recently in a horrible accident in his work semi-truck. It turns out the company he worked for had no workmens compensation (illegal) and the company wouldn't pay for care facilities in the 4 months that followed until my dad passed there is currently a lawsuit against the company- my dad constantly made it known to all members of the family that I was to be in charge of all decisions concerning care, personal property, etc. for yrs he had my mom take $ out of his every paycheck and set up accts for myself&my daughter-found out yesterday the accts were emptied and closed-he also privately told me there was a booklet which i would need if anything ever happened to him but he hid it from my mom-who is jealous and emotionally abusive to both myself and my father-upon his death no will- so my mom as his wife is in control of everything-i am convinced the book was in his truck and when the contents were given to her i asked to see them and she refused-i am not allowed in my dad's house at first without her watching my every move & told not to touch anything now not at all- i just found out that my dads 1st marriage in colombia, south america never ended in divorce-Does that mean my parents marriage was never legal?
1 Answer from Attorneys
Re: legality of 2nd marriage-no divorce in 1st
If your father's first wife is still alive, you may be able to prove the invalidity of the second marriage. If, however, his first wife predeceased him, that would have cured the situation, and the 2nd marriage became valid. What you should do is file a probate case and have the judge order the production of documents and get yourself appointed administrator of an intestate estate. That's an estate without a will.
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