Legal Question in Wills and Trusts in Illinois
Divorce
My father in law lived in ill and had a will made with his wife at that time. 17 years later, and another x-wife in between, my father in law passed away. The wife with whom the will was written with says the will is a good will.
2 Answers from Attorneys
Re: Divorce
If your father-in-law died unmarried, then the heirs to his estate would be his children if he died without a will.
However, since he died having a will, the terms of the will must be followed unless it is clear that his intent was to include his spouse at the time if she was married to him when he died.
His children will certainly want to explore filing a will contest action against the ex-spouse.
You need to have an attorney review the will to see what it says about the issues that I have raised here. Without a probate attorney, you will unlikely be able to identify the issues and plan a course of action.
Good luck to you.
Re: Divorce
Provisions for ex-spouse are automatically revoked by statute unless the will was executed post-divorce.
To execute the will, someone needs to petition to have it probated.
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