Waukesha, WI asked in Estate Planning and Probate for Illinois

Q: I have a very complicated question I have been with a man for 9 1/2 years and he was diagnosed with Cancer in March 2019

We were planning on getting married on Christmas Eve 2019 but he was hospitalized at the U of I. They were planning on letting him sign the Marriage license application in front of the notary but his youngest adopted daughter called up and threatened to sue the hospital if they did. His condition has declined to the point that he is on Hospice. We live in Illinois at this time but after his original diagnosis in March we lived in Iowa and meet the criteria for a common law marriage in Iowa. He was not able to get a will made so I just need to know if there is anything I can legally do to be seen legally as his wife. So I can handle his affairs now and at the time of his death.

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: If he still has capacity it is not too late to make a will. There are steps that can be taken to make a will valid even if he can’t physically sign. But you need to find a local experienced estate planning attorney now. He should be sure to let the attorney know that he is worried about potential will contests. Click Find A Lawyer above and make an appointment ASAP.

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