Pesce Law Group, P.C.

FREE CONSULTATIONS 630-352-2240

Naperville | Oak Brook | Burr Ridge | Lake Forest | St. Charles

DuPage County Divorce and Inheritance Attorneys

Inheritance and Divorce Lawyers in Naperville, IL

Divorce often involves both proprietary and personal inheritance matters. Although Illinois law classifies inherited property as non-marital property, distinguishing between marital and non-marital assets can be blurry. Either due to the stroke of a pen or the culmination of a series of seemingly insignificant decisions, inherited property can transform into marital property.

In a similar vein, divorce often spawns other family law issues, most notably stepparent adoption and business title matters. If these documents are inconsistent with wills, trusts, and other estate planning instruments, the result can be expensive and time-consuming litigation that no one really desires. Effective pre-divorce and divorce planning can help you avoid these difficulties.

Whenever your legal or financial rights are threatened, Pesce Law Group, P.C. attorneys quickly evaluate the situation and take decisive action. Whether they are negotiating at a conference room table or advocating for you in court, our professionals are not satisfied with anything less than the best possible result for you and your family.

Real and Personal Property

While it is true that 750 ILCS 503(a) classifies "property acquired by gift, legacy or descent" as non-marital assets, the very next provision, 750 ILCS 503(b), states that "all property acquired by either spouse after the marriage...is presumed to be marital property." A spouse contesting this designation must prove its classification by clear and convincing evidence, which is one of the highest burdens in a civil proceeding.

Generally speaking, non-marital property can become marital property in one of two ways:

  • Transmutation: Many times, real or personal property may be retitled for an emotional reason or for the sake of expediency. A couple may want the wife's inherited house to become "their" home, or a husband may want his wife as a co-business owner to become eligible for additional financial assistance. Both these moves have short-term benefits and long-term consequences.
  • Commingling: A wife may receive periodic advances on her inheritance and deposit these funds into a joint account, or she may contribute funds to her husband's inherited stock portfolio. In both these examples, the inheritance has effectively lost its status as non-marital property.

A timely executed spousal agreement can sometimes address these concerns. An even better practice is to carefully segregate inherited funds. Note that keeping these items separate is not the same thing as concealing them.

Commercial Issues

Make sure that a family business stays in the family. More specifically, make sure it goes where you want it to go. For estate planning purposes, divorce and adoption are tantamount to death. Both your business plan and any family law documents should accurately reflect your wishes.

Let the capable attorneys at Pesce Law Group, P.C. protect your inheritance rights in a divorce. Contact us today at 630-352-2240 for a free consultation. After-hours and weekend appointments are available.

Related News

Read More
How to Protect Yourself Financially When Divorcing Someone with Addiction Issues
How to Protect Yourself Financially When Divorcing Someone with Addiction IssuesAccording to government data, approximately 23.5 million Americans have drug and alcohol addictions.  That works out to roughly one in 10 individuals in the United States over the age of 12. Alcoholism and drug addiction can rob a person of everything they hold dear in...
Child Support Nonpayment in Illinois
Child Support Nonpayment in IllinoisThe purpose of child support is to help a child of unmarried or divorced parents enjoy the same quality of life as they would if their parents were together. If a noncustodial parent does not pay his or her court-ordered child support, the custodial parent...
Differentiating Between Martial and Separate Property During an Illinois Divorce
Differentiating Between Martial and Separate Property During an Illinois DivorceOne of the most challenging aspects of a divorce can often be determining how property will be divided. Illinois law dictates that only marital, or shared, property should be divided during a divorce and that non-marital, or separate, property is not. However, it can be...
Back to Top