Legal Last Will and Testament Form for Divorced Person Not Remarried with No Children - Illinois 2025

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The will must be signed by the maker and must be witnessed by two witnesses in the special manner provided by law. Persons who are beneficiaries under the will cannot serve as witnesses. After death, the will is presented in court and, after being proven valid, is put into effect and its provisions are carried out.
For example, Illinois probate law affords special rights to surviving spouses and minor children that could contravene specific provisions in your will. The surviving spouse has the right to renounce the decedents will in favor of taking a statutory (or elective) share of the decedents probate assets.
Unless the asset was explicitly held in a trust, an Illinois divorce will not extinguish an ex-spouses beneficiary interest. After an Illinois divorce, all parties would be well served to review the beneficiaries to their accounts.
Yes, it does. If you married someone who passed away before they were able to mention you in their trust or will, it is important to understand that your marriage revokes all previous trust versions, giving you a legal right to inherit a portion of the estate.
State law entitles a surviving spouse to an award of at least $20,000, which is intended to support them for nine months following their spouses death. If there are dependent children, the award increases by $10,000 for each dependent.