In re Estate of McDonald

Illinois Appellate Court
Civil Court
Putative Spouse
Citation
Case Number: 
2024 IL App (2d) 230195
Decision Date: 
Monday, April 15, 2024
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
MULLEN

Petitioner objected to the trial court’s proposed distribution plan of the estate of a decedent and argued that she was the putative spouse of the decedent. (In a prior appeal, the Illinois Supreme Court affirmed a ruling that the petitioner had failed to present a prima facie case establishing the validity of her marriage to the decedent.) The trial court denied her motions and petitioner appealed. The appellate court affirmed, finding that the trial court finding that petitioner did not establish a good-faith belief that she was married to the decedent was not against the manifest weight of the evidence where the record established that she was provided with reliable information from an attorney that there was a legal impediment to the marriage. (McLAREN And BIRKETT, concurring)