Posted: 7/6/2011 7:03:35 PM
Originally Posted by depeche2:
Good luck with your trial. I'll be doing boring probate court stuff.
Hey, you do family law stuff, right? I got a probate case where the decedent was already married when he married his now-alleged "surviving spouse". He did later divorce the first wife. We're trying to figure out if surviving spouse was also already married herself. And then they're questioning whether my client is actually the daughter of the decedent. That's about as exciting as my stuff gets!
Interesting factual scenerio. Almost every state has laws only allowing you to be married to one person. If the decedent married the surviving spouse prior to ending his nuptuals with the first spouse it is possible (depending upon the state statutes of Illinois I assume since family law is state specific) that his second marriage was an illegal contract, therefore null and void, and consequently he had no legal spouse at the time of his death. Then I would venture to guess that if your state follows the Uniform Probate Code he would follow the laws of descent in your state. Lot of facts that need to be determined before you have your answers but if those fact lay right you might have a hellofa case. BOL with it!
My cases tomorrow are: contested step-parent adoption, Motion to Enforce Settlement Agreement, Motion for Contempt, and Temporary Custody/Visitation/Child Support Trial. The only hearing I have on Friday is a Temporary Custody/Visitation/Child Support trial. Then next week it back to the grind of client conferences all week but at least no trial work. I already had two half day trials this week (yesterday and today). So I enjoy the trial work but yet love to have my breaks from them too. BOL again!