inheritance

[Michelle530]

illinois
recently my uncle died, he left myself and my husband his home.
the problem is that a year ago we were divorced.
the will is worded myself and my husband...etc
does that mean that since he is no longer my husband the property is mine?

 

[racer72]

No, it belongs to both you and your ex unless the issue was resolved in your divorce decree. If not, time to see your attorney for a property settlement resolution.

 

[Michelle530]

i'm sure there won't be a problem with the two of us
i was more worried about other people in the will trying to contest
it because of the fact that we're divorced.
could you tell me if i have anything to worry about in regards to
other beneficiaries?

thanks

 

[advisor10]

12-5-2001

DEAR MICHELLE:

As long as the will specifically names you and your husband as beneficiaries of the house, if the will is accepted in probate court as a valid will, then you have nothing to worry about.

Hopefully, the house is already paid for (and no one is making mortgage payments on it). During the probate process, the estate is supposed to pay for the expense of having the title/deed changed to show the names of the new owners/heirs.

The only time you would need to be concerned about a challenge from other beneficiaries is, for example, if the will was somehow NOT accepted as a valid will; then, the estate would be divided up according to Illinois intestate probate law, and other beneficiaries might be given a share of it (depending on how closely related they were to decedent--his surviving children or surviving spouse, if any).

SINCERELY,

[email protected]

 

[Michelle530]

Thanks for the info.
My ex has agreed to sign off of the house
would this have to go before a court ~ or could we take care of
it with the lawyer that is representing the estate?

 

[ALawyer]

You may want to have your divorce lawyer prepare the papers or call the estate lawyer to get the matter done, without future repercusions, and so as not to risk having your ex change his mind. Your lawyer would tell the lawyer handling the estate what your ex has agreed to and ask him if he could get you the papers needed, and then you would have your ex to sign them (and make sure you get it notarized if the lawyer tells you to). That keeps your lawyer in the loop (sometimes its worth the extra cost). If you wanted to try to avoid the cost -- although it may actually upset the apple cart -- you could ask the estate's lawyer and only if the estate's lawyer does not want to or can't prepare the necessary papers, would youl need to get your lawyer to handle it. Essentially your ex will be relinquishing any right he has in the property to you.

 

[dmode101]

Regarding your original question, it will depend on exactly how the will is worded to ascertain the intent of the testator. An attorney would need to review the will and reasearch caselaw if necessary.

When you say your ex-husband is willing to "sign-off" on the house, does that mean he is willing to sign a disclaimer of his possible interest. If so, his interest would pass as if he predeceased the testator. Again, careful examination of the will is necessary to see if his interest would pass to you or otherwise. The disclaimer should also be executed within 9 months of death to avoid gift tax consequences.

I am an Illinois probate attorney in Palatine (northwest Chicago surburbs). Feel free to give me a call if you need any assiatnce. Contact info is at my website at http://www.illinoisestateplan.com