Legal Question in Wills and Trusts in Illinois
Wills
If a husband and wife divorce, are their Wills which they executed when they were married to each other, now null and void?
Asked on 6/28/04, 4:08 pm
1 Answer from Attorneys
Jay Pollak
The Pollak Law Firm, LLC
Re: Wills
If you are residence of Illinois the wills are still valid. However, in reading the will the divorce treats the other spouse as having died before the spouse that wrote the will. So if you are the husband your Will will treat your ex-wife as if she had predeceased you. If your will read, for example, "everything to my wife and if she predeceases me equally to my children", if you now die without changing your will everything would go to your children.
Answered on 6/28/04, 6:12 pm