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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33781
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am selling my deceased parent' s home in Illinois. we have

Customer Question

I am selling my deceased parent' s home in Illinois. we have an offer and have accepted it it is in process. It is my mother's estate. i am on of two independent co executors. My sister just announced she is divorcing as her spouse is being very controlling. locking up the check book and going through her phone daily etc. She owns one fourth and will get approx 20k after the sale. My dad would have prefered none of the $ go tho ex hubbys. How can i preserve her share.
JA: What documents or supporting evidence do you have?
Customer: will of my Mom , dad passed first.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: illinois
JA: Anything else you want the lawyer to know before I connect you?
Customer: I fear the spouse will become physically abusive if the divorce is not FAST
Submitted: 2 months ago.
Category: Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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An inheritance is the separate asset of the beneficiary, not a marital asset. So the husband will not get any of the inheritance in the divorce at all.

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She has nothing to worry about and she will keep the entire inheritance as her separate property.

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thanks

Barrister

Customer: replied 2 months ago.
How should she deal with the soon to be x's behavior of keeping her check book and credit cards locked up?
Expert:  Barrister replied 2 months ago.

That is something entirely different and she would have to handle that through the divorce court if they are in the process. She could also just contact the bank and have new cards and checks sent to her if she is on the account..

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thanks

Barrister

Customer: replied 2 months ago.
She has not begun the divorce process. I was hoping to advise her how to avoid him emptying the accounts.
Expert:  Barrister replied 2 months ago.

Well, if she is listed as a joint owner on them, she can just go to the bank, take out some money, open a new account in only her name, and then not give him the checkbook...

Customer: replied 2 months ago.
OK works for me thanks
Expert:  Barrister replied 2 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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