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Avoid a Former Spouse Becoming Legal Guardian of Minor Children After a Divorce: Predeceased Testator Survived by Ex-Spouse
If a spouse dies without a Will, the decedent’s wife and children, may divide the intestate estate of the predeceasing spouse. If the children are minors at the time of the predeceasing spouse’s death, usually the surviving ex-spouse could become the legal guardian of the minor children. However, if the testator made a revocable living trust before death, the testator could direct who would be the successor trustee, presuming not the surviving ex-spouse, and the testator could direct as to what happens to his or her property upon death.
When the parties cannot reach an agreement on property division, the Illinois court will divide all the property and debts for them equitably. When a property settlement is finally reached, it must be in writing and signed by both parties.
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