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Will Contests, Trust Litigation, Estate Disputes and Divorce
Will contests may be ongoing prior to or after any dissolution of marriage proceeding may be filed. Trust litigation could be occurring prior to or after any divorce case is filed. There could be estate disputes impacting one or both of the divorcing parties while the divorce is ongoing.
If any of these issues involve marital or non-marital rights, including assets or potential assets, or liabilities or potential liabilities, the existence of these issues should be timely addressed in the divorce proceeding, including appropriate motions being filed with the Court in terms of relief being requested.
In terms of any settlement agreement or Judgment of Dissolution of Marriage, if there are any pending probate matters involving the parties or issues involving any estate administration, trust lawsuits or will disputes, this should be addressed in a properly drafted Marital Settlement Agreement or Judgment of Dissolution of Marriage being entered by the Court.
If not, those issues can be problematical at a later date and could be considered an unaddressed or later discovered asset and/or liability, which may result in additional time and expense in having to re-open and/or re-litigate those issues after a settlement agreement and/or Judgment of Dissolution of Marriage would otherwise be considered final.
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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