Legal Question in Family Law in Illinois
Divorce
Our daughter married in 1986. and has recently filed for a divorce. Her husand stated his attorney is subpoenaing our financial records for inheritance? My wife and I have revoccable trusts written 1993 leaving our assets 1st: our daughter 2nd our grandson at age 18 or 3rd nieces plus nephews. Can her husband supboena our financials and sue for inheritance?
2 Answers from Attorneys
Re: Divorce
Your daughter doesn't have an inheritance until both of you are gone. So the financial records of your trust are irrelevant. It will be impossible for the Illinois courts to enforce a subpeona in Arizona. My advice is to hire a lawyer in Illinois to file a motion to quash that subpeona.
Re: Divorce
The husband has no right to get anything from you (given what you have told me). Remember two things: 1. there can be no heir to a living person. i.e. wills are worthless until you die. So since you can change you will anytime and drop your daughter, she has nothing to go after. 2. Even if she receives an inheritance from you while she is married, it is considered non-marital property and he cannot touch it. If the husband has an attorney, your daughter should certainly have one as well to protect herself. Feel free to send any additional questions you may have.
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