Legal Question in Wills and Trusts in Illinois
What is the difference between a will form for divorced persons and single persons? Is there an advantage to the divorced persons will?
2 Answers from Attorneys
Your question would be better if put in context. A will is a will. What it contains or its interpretation may differ based on one's circumstances, including a divorce. With a divorce, often there is more concern with matters such as the naming of a guardian, assuring that any funds left to children are held for them by someone in trust, etc. Even better than adding any context in an online forum, make an appointment to see an attorney.
The principal difference between a will of a married person compared to that of a single person is that a married person cannot disinherit a spouse. A surviving spouse has the right to renounce the will and sue for the portion of the estate of his or her deceased spouse allowed under state law.