If while in the midst of getting divorced my spouse’s mother died, can the division of her assests per her Will delay our divorce if we are named in it?

Get Legal Help Today

 Secured with SHA-256 Encryption

If while in the midst of getting divorced my spouse’s mother died, can the division of her assests per her Will delay our divorce if we are named in it?

Asked on April 18, 2012 under Family Law, Illinois

Answers:

Shari Bertane / Law Offices of Shari Clancy Bertane

Answered 8 years ago | Contributor

If her will is not contested and you specifically are named in it, the probate process should not affect your divorce. If your mother-in-law left her assets to your husband and did not name you, you have no right to the inheritance. However, if she left a large sum, there could be an argument that your husband should be more responsible for debts, children's education, etc.

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

Answered 9 years ago | Contributor

I guess it depends on how the Will is worded.  Generally speaking, inheritance is not marital property so you would not have a right to anything anyway.  But if you are both named as beneficiaries individually then I do not see it delaying things either.  But if you are inheriting as husband and wife it could be tricky.  If you waive your right to inherit then the divorce will move forward faster.  Good luck.


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