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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38212
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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Ex spouse died in Ililinios .we had will executed while we

Customer Question

Ex spouse died in Ililinios .we had will executed while we were married where i am designated as executor of will. State of illinois attorney says i am not executor of will since we werd divorced. My exwife havs no surviving relatives
JA: What are the assets in question? Have any documents been drafted?
Customer: Home, car, bank account. No documents have been drafted
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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I have read your comments, but I am not sure what your legal question is?

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thanks

Barrister

Customer: replied 2 months ago.
Does state of Illinois allow me to act as executor of ex wife will or will they use public administrator of her will so all proceeds from will will go to state of Illinois instead of me?
Expert:  Barrister replied 2 months ago.

Basically a divorce revokes a will with regard to the spouse as they are considered to have predeceased the testator. So you are cut out of the will all together.

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So no you can't be executor and legally you wouldn't have any claim to her estate. The public Administrator will have to trace her family tree back up to grandparents, great grandparents, etc, and then out and down to track down her heirs and descendants, regardless of how remote they are, so that they inherit her estate.

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thanks

Barrister

Expert:  Barrister replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister