Married before divorced for 6 months - Estate Question

[estatetrouble]

What is the name of your state (only U.S. law)? Wisconsin and Illinois (see below)

This question is actually for my parents. They were married in Wisconsin over 20 years ago. The actually got married a day after my father's divorce went through. I know the statute in Wisconsin is 6 months after divorced or the marriage is unlawful, so technically their marriage would be unlawful.

My father has fallen on hard health times. They just recently revealed this marriage issue to me. They also have a fear that their other family members (on my father's side) will come after the estate after trying to void the marriage.

They have been married as I said over 20 years, and have lived in Illinois over 20 years. I am not sure if that makes any difference. They have filed taxes as married together for that long as well. Their house was bought together with everything else I believe.

Is there any way their family could come after the estate should things go bad for my father and he passes? I am trying to look out for my mother if something were to happen, and my father wants to ensure that everything is set for her as well. He adopted me and they have one child together also. Thanks for any thoughts/advice!

 

[OHRoadwarrior]

They call them wills. He might want to mention this tidbit to the lawyer so the phrase "my wife" is not used.

 

[LdiJ]

They call them wills. He might want to mention this tidbit to the lawyer so the phrase "my wife" is not used.

First, I think they should talk to an attorney about the status of their marriage...make sure its actually void rather than voidable. However yes, a will is the solution to the problem.

 

[Zigner]

From the way I read it, once the divorce became final and they continued to live and husband and wife, the new marriage was validated.


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Wisconsin Statutes 765.21 (http://www.lawserver.com/law/state/wisconsin/wi-laws/wisconsin_laws_765-21)


Wisconsin Statutes > Chapter 765 > 765.21


All marriages hereafter contracted in violation of ss. 765.02, 765.03, 765.04 and 765.16 shall be void, except as provided in ss. 765.22 and 765.23. The parties to any such marriage may validate the marriage by complying with the requirements of ss. 765.02 to 765.24 as follows:

(1) At any time, if the marriage is declared void under s. 765.02 or 765.16.

(2) No earlier than 6 months after the divorce judgment is granted, if the marriage is declared void under s. 765.03 (2).

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Wisconsin Statutes 765.24 (http://www.lawserver.com/law/state/wisconsin/wi-laws/wisconsin_laws_765-24)

If a person during the lifetime of a husband or wife with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of such subsequent marriage shall be considered as the marital issue of both parents.

 

[justalayman]

Zigner has shown why they should be considered to be legally married but the couple should still seek counsel to ensure that is true as well as following the other directives so that any involved attorney can make sure all is addressed properly. It's very difficult, if not impossible, to fix such issues after one of the parties dies if there is some problem.