Illinois Divorce Start Your Divorce Find Professionals Illinois Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Illinois Products Divorce by County
Will and Trust Contest Cases Within Divorce Proceedings
Divorce cases can involve a variety of issues, including pending estate administration, will and trust cases.
There may be assets, whether marital or non-marital, of one or both of the parties, that relate to the outcome of an estate administration, and a will or trust contest case.
In terms of pending actions involving estate administration, will and trust cases, there could be agreements between the parties, that if the divorce case is settled, as to those pending causes of action.
If a divorce case is not settled, and if the case is tried, there needs to be a distinction made between marital and non-marital property in regard to estate administration and will and trust contest cases.
There may be an issue raised as to whether or not any recovery from an estate administration or will and trust contest case constitutes marital or non-marital property.
In certain instances, any recovery could relate to non-marital property. On the other hand, since Illinois is an equitable distribution state, the Court can weight the equities, and take into consideration non-marital property, in making the decision as to how to divide marital property and take into consideration related issues.
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.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
© 1996 - 2021 Divorce Source, Inc. All Rights Reserved.