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?
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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 12 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 12 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.
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