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Estate Planning During a Divorce Proceeding
In a divorce proceeding, if a party predeceases the other, and even if the predeceasing party has an estate plan intended to exclude the not yet ex-spouse, the surviving spouse may have a right to elect to take his or her elective share as a spouse, not-withstanding the terms and conditions of any Last Will and Testament that may be in effect.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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