Wills

Can a family member state in his/her Will that you must stay married for a certain length of time in order to receive money, when that family member dies? Is that legal?

You can try to this within a trust created in the will or in a living trust. While you can try this, you cannot be certain about its later enforceability. While encouragement of marriage is is more likely ot be enforced than a restriction on marriage, a later change in circumstance may cause a court to strike out the restriction. For example, if the person divorced the spouse because they were abusive, then I would doubt that a court would "force" the person to stay married to receive the inheritance.

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Jeffrey R. Gottlieb, Attorney at Law http://www.illinoisestateplan.com

Can you divorce your spouse and still receive your inheritance from a decease relative of your spouse?

Except for your children, no. But, then again you wouldnt have anyway unless specifically mentioned in the will.

How long after someone's death before a Will is read and any inheritance is issued?

You can read a will whenever you want. It is generally filed with the court w/i 30 days of death. Distribution depends on many factors. Basically, it should be distributed after all debts, expenses and taxes are paid and any disputes are settled. This can be anything from 6 months to several years.

How would this money (say $50,000) be given to the person who inherits it? Would that person receive it in a check? Would it be mailed? Or would there be an account established in the husband and wife's name?

You are asking highly-specific questions for a highly non-specific hypothetical. There is no one standard answer, it depends on the documents, state law and other factors. If you have a specific situation, please be as specific as possible.

You are asking highly-specific questions for a highly non-specific hypothetical. There is no one standard answer, it depends on the documents, state law and other factors. If you have a specific situation, please be as specific as possible.

I do have a situation and I'm trying to get answers. The situation is I have a male friend who has a wife, who he wants to divorce. The wife told him, her father left a Will that states he must stay married to her for 6 months in order for them to inherit the money. He wants me to check into this, so that he may get a divorce while in prison. He just wants to know if he's entitled to receive the money she says in both of their names. She also states that she was sent a check for $50,000 and he has to be present, because it requires both of their signature's. Thank you and I appreciate your help. Just need some answers. Wants to know if this is possible.

The problem that your male friend may run into is a divorce law issue. Inheritances are generally not considered marital property for purposes of equitable division, so your friend may not share in this money after he divorces.