Legal Question in Wills and Trusts in Illinois
probate, trusts and wills
my husband and i were divorced and in the divorce it stated 2 things. when he reached 59 I would receive 10% of his IRA and that when he sell the family home I would received 76 % of that. He has recently died and it is in question whether or not I am entitled to these things since he did not reach 59 and he is not selling the house but his estate is. Please give guidance. Thanks
2 Answers from Attorneys
Re: probate, trusts and wills
You will probably benefit from scheduling a meeting with your divorce attorney. He/she will be able to file a claim against the estate for the proper amounts due.
Good luck to you.
Re: probate, trusts and wills
You need to record your judgment against the property immediately. You also need to go back into court and have the judgment modified.
A QDRO order should have ben entered at the time of the divorce relating to the IRA. If not this must be done immediately and served on the administrator of the IRA Account
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