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Complexities of Any Estate and/or Trust Administration During the Pendency of a Dissolution of Marriage Proceeding
If there is a pending trust and/or estate administration that impacts either of the parties in a divorce proceeding, including if they may stand to receive something from the trust administration and/or the estate administration, there should be a distinction made in regard to what may be considered non-marital property and what may be considered marital property. Since Illinois is an equitable distribution state, the Court can weigh the equities and take into consideration non-marital property in dividing and/or awarding marital property. Further, there could be expectancy and/or timing issues such that even though an estate administration and/or trust administration is pending, it may be unclear as to what amounts, if any, a party may expect to receive from the estate administration and/or trust administration, which could result in uncertainty in terms of taking same into account with respect to division of any marital property between the parties.
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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