Legal Question in Wills and Trusts in Illinois

my spouse filed a personal injury lawsuit for the wrongful death of his son with another women (whom he never married) do I have any rights or entitlement to any of the settlement or settlement check


Asked on 7/21/12, 8:29 am

2 Answers from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Why would you? How have you been injured? It seems to me that this is entirely a separate action belonging to your husband and as such any award is his separate property so the answer to your question is NO!

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Answered on 7/21/12, 9:30 am
Virginia Prihoda Law Offices of Virginia Prihoda

If you had any rights to the proceeds, these rights would have been established in the lawsuit. Are you going to stay married to your spouse? If your answer is "no" and your spouse utilizes the funds in a way to make them marital property, the answer may be different.

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Answered on 7/23/12, 10:28 am


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