Legal Question in Wills and Trusts in Illinois
Will (Illinois)
My parents have divorced and both have remarried. When my parents were married my father had a will drawn up leaving everything to my mother and us 3 kids. If he were to pass away, would that will still remain in effect, or would it be null and void and everything go to his new wife?
Asked on 1/10/07, 8:43 pm
1 Answer from Attorneys
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: Will (Illinois)
The provisions relating to ex-spouse would be voided and ex-spouse treated as having predeceased. However, the rest of the will is not voided. New wife would not automatically take under the will (unless will specifically provides), however, surviving spouse can renounce the will take the statutory share (1/3 when there are living children).
Answered on 1/10/07, 10:28 pm
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