HOW TO HANDLE A DIVORCE CASE FOLLOWED BY SUICIDE, AN ESTATE ADMINISTRATION, AND FORECLOSURE ON THE MARITAL PROPERTY IN ST. CLAIR COUNTY, ILLINOIS

HOW TO HANDLE A DIVORCE CASE FOLLOWED BY SUICIDE, AN ESTATE ADMINISTRATION, AND FORECLOSURE ON THE MARITAL PROPERTY IN ST. CLAIR COUNTY, ILLINOIS

A WIFE DID NOT LIKE THE DECISION OF THE COURT IN REGARD TO A JUDGMENT OF DISSOLUTION OF MARRIAGE, INCLUDING, BUT NOT LIMITED TO, THE DIVISION OF ASSETS.

WITHIN THIRTY (30) DAYS FROM THE DATE OF THE JUDGMENT OF DISSOLUTION OF MARRIAGE WAS ENTERED, THE WIFE COMMITTED SUICIDE. THE HUSBAND HAD ISSUES WITH THE JUDGMENT OF DISSOLUTION OF MARRIAGE THAT WAS ENTERED AND FILED A MOTION TO RECONSIDER WITHIN THIRTY (30) DAYS OF ENTRY OF THE JUDGMENT OF DISSOLUTION OF MARRIAGE.

ONE OF THE ASSETS THAT WAS INVOLVED WAS THE MARITAL RESIDENCE IN REGARD TO WHICH THE COURT, IN THE JUDGMENT OF DISSOLUTION OF MARRIAGE, AWARDED PART TO THE WIFE AND PART TO THE HUSBAND.

AFTER THE SUICIDE, SINCE PAYMENTS WERE NOT TIMELY MADE ON THE RESIDENCE, THE LENDER OF THE FIRST MORTGAGE PROCEEDED WITH A MORTGAGE FORECLOSURE ACTION.

THE ATTORNEY THAT REPRESENTED THE WIFE IN THE DIVORCE, WHO WAS NOT PAID AFTER HER SUICIDE, FILED A PETITION FOR FEES IN THE DIVORCE PROCEEDING AND FILED A LIEN AGAINST THE MARITAL HOME.

BECAUSE THE ATTORNEY FILED A LIEN AGAINST THE MARITAL HOME, THE ATTORNEY WAS IDENTIFIED AS A PARTY IN INTEREST IN REGARD TO THE MORTGAGE FORECLOSURE PROCEEDING.

HOWEVER, THE MORTGAGE FORECLOSURE PROCEEDING DID NOT NAME THE ESTATE OF THE WIFE AS A PARTY OF INTEREST, EVEN THOUGH AN ESTATE ADMINISTRATION HAD BEEN OPENED PRIOR TO THE MORTGAGE FORECLOSURE PROCEEDING BEING FILED.

HOW SHOULD THIS SITUATION BE HANDLED?

Blake Behme Gilbreth Links, P.C.