Legal Question in Wills and Trusts in Illinois

That largely depends on how certain Judgments have been entered in your divorce case. She could also attempt to seize your assets if you fail to abide by Court Orders (e.g. child support orders).

I assume that you would not list her as the beneficiary of any Will or Trust. Be sure to hire an attorney to revise your Will or Trust immediately if you had either drawn up before you became divorced. Also, you must change any beneficiary designation or joint account so that all reference to her has been eliminated. In Illinois, divorce doesn't automatically render such items invalid.

If you have children, I strongly recommend that you create a Will or a Trust to manage the assets that you leave to your children upon your death. If you fail to do so, your ex-wife may end up "in charge" of these assets.

I assume that your marriage was formally ended by a Court through a divorce proceeding. If not, this answer does not apply to your situation.

Feel free to contact me if you'd like to discuss any of this further. I work downtown but I live in the suburbs and Naperville isn't all that far from my home.

Hello,

The answer depends on the the type of inheritance you are referring to. A valid divorce decree will extinguish any right of your ex-spouse to your inheritance left by a will unless there is a prior contract. Even with a contract, the situation is not automatic but it would give the ex something to base an argument on. The ex would still be able to receive any inheritance specifically willed in the ex's name unless it is your will. The ex would be entitled to other disbursements at death, like an insurance policy, if the ex is the named beneficiary. I can provide a more specific answer to your circumstances if you would like to contact me at 708-332-9133.

I agree with the other two posts and would add the following. You can exclude your ex wife from control over the assets but she will be the guardian of minor children. Without careful planning distributions can still be made to her as the children's guardian. Special instructions are required to prevent this from happening.