Divorce is a Reason to Make a Will

Divorce as another Reason to Make an Estate Plan

A woman died in a car accident. She was survived by three minor children, her father and several siblings. She did not leave an estate plan.

Her brother was appointed administrator of her estate. Her father paid funeral costs. Her ex-husband bought two grave sites after her death and she was buried in one of them.

A year later, a dispute over who could control the headstone decision erupted. Her brother claimed the right as administrator. The Disposition of Remains Act supported his position.

The ex-husband claimed the right to put the headstone on her grave because he bought the grave. He intended to put a headstone built for two and to be buried next to her. He did not disclose this before she was buried.

Both sides talked about disinterment.

The administrator filed a petition for Authority to Place a Headstone. The trial court ruled in favor of the administrator. The appellate court affirmed, ruling that when the ex-husband allowed the decedent to be buried in the plot, he made a gift to the estate and that the right of burial was vested in the administrator or father. The appeals court discussed equitable estoppel as an additional reason for the ex-spouse to have no authority regarding the headstone issue.

Estate of Ann Sperry, 207 IL Ap (3d) 150703. 10-23-17, Knox County.