Legal Question in Wills and Trusts in Illinois

As there is no will, the most likely course of action you'd have to take is to open up what's called an "intestate" probate estate in probate court in your area. One of you would have to be named administrator (the "executor" for such an estate) and so forth. If there was a pending divorce with any kind of order establishing a "legal" separation that may be important, and possibly helpful but until reviewed in whole is an unknown (if they were just living apart with no order of separate maintenance, etc., there was always the chance for reconciliation....) and technically they were still married even though on filing for divorce property held in joint ownership deemed converted to tenancy-in-common to prevent problems with inheritance. But you're opening up a can of worms that will be costly and time-consuming. If she is vindictive (doesn't sound like it but just stir the pot and see what happens) she might just dispose of those remains if you threaten or file any kind of legal action. Since there are missing components here, you should probably discuss the entire fact situation with a probate attorney in your area. Point is before pulling the trigger get your information and if the probate attorney confirms what I'm suggesting, the way to start this out may be to open some lines of communication. You can try this on your own, or you might want to try through a third party -- could be a shared friend, clergy, attorney.... You may wind up having to compromise.....be prepared. But good luck.