Can an adult child contest the divorce decreeoftheir parents?
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Can an adult child contest the divorce decreeoftheir parents?
My husband’s mother pasted away 5 years ago and her ex-husband lied to her about when he retired so he did not have to pay her half of his pension. Can the adult kids contest this and split the amount that was due to their mother?
Asked on August 23, 2010 under Family Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The Personal Representative appointed for the estate would have the right to bring an action on behalf of the estate of your deceased Mother-in-Law. Was there an estate? Was anyone appointed? Someone could be appointed now for the limited purpose of bringing the action, should you be able to do so within the time period permitted by law. You need to speak with an attorney in your area on that matter. The time frame as to all the facts is not gone in to detail here but it really must be read in conjunction with the law as well. You may need to start with having the divorce decree set aside for fraud. Good luck to you all.
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