In re: the Estate of Doman

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (4th) 120123
Decision Date: 
October 11, 2012
4th Dist.
Champaign Co.
Reversed and remanded with directions.
(Court opinion corrected 10/15/12.) Wife filed petition for dissolution of marriage, and after June 2011 hearing, court entered written dissolution judgment on grounds only, reserving ruling on ancillary issues. Husband died intestate on July 4, 2011, and on July 5, 2011, court docket entry noted that wife's counsel called and advised of husband's death, and cause is dismissed. As court acknowledged death and dismissed cause, July 5, 2011 order is a dismissal of divorce proceeding in its entirety, thus restoring wife to same position as if she had never filed for divorce. Wife is thus decedent's surviving spouse within meaning of Probate Act, and entitled to surviving spouse's share of estate. (APPLETON and POPE, concurring.)