Can an adult child contest the divorce decreeoftheir parents?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an adult child contest the divorce decreeoftheir parents?

My husband’s mother pasted away 5 years ago and her ex-husband lied to her about when he retired so he did not have to pay her half of his pension. Can the adult kids contest this and split the amount that was due to their mother?

Asked on August 23, 2010 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Personal Representative appointed for the estate would have the right to bring an action on behalf of the estate of your deceased Mother-in-Law.  Was there an estate?  Was anyone appointed?  Someone could be appointed now for the limited purpose of bringing the action, should you be able to do so within the time period permitted by law.  You need to speak with an attorney in your area on that matter.  The time frame as to all the facts is not gone in to detail here but it really must be read in conjunction with the law as well. You may need to start with having the divorce decree set aside for fraud.  Good luck to you all.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption