Legal Question in Wills and Trusts in Illinois

Deceased while in middle of a divorce

If a man is going through a very long divorce and passes away within weeks of it being finalized, what rights does the ''wife'' have to his estate?


Asked on 5/07/07, 12:27 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Deceased while in middle of a divorce

If the divorce was NOT finalized, for the purposes of the husband's estate the fact that there was a pending divorce is totally irrelevant. The wife has the same rights as any other wife. She has certain rights under 401(k) plans and for the statutory spousal claim under any estate...I need to look but it's either 1/2 or 1/3 of the estate.

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Answered on 5/09/07, 6:16 pm


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