Legal Question in Wills and Trusts in Illinois
Divorce and death
The last known will was written before our divorce. Does the divorce negate my role as executor? We have an adult child. Who needs to manage the estate?
Asked on 7/24/07, 1:16 pm
1 Answer from Attorneys
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: Divorce and death
I surmise that your ex-spouse has died. Any provisions that pre-date your divorce naming you as executor or beneficiary would be automatically revoked by the divorce. The will would be read as if you had predeceased. The successor executor and beneficiaries depends on the terms of the Will. Your child should consult an attorney to determine his/her rights.
Answered on 7/24/07, 3:44 pm