By the Law Office of Jonathan W. Cole P.C. — Your Neighborhood Law Firm
When a loved one passes away, questions about who is entitled to inherit can become emotionally—and legally—complicated. One of the most confusing situations arises when someone believes they were married to the deceased, even if the marriage wasn’t legally valid. Illinois calls this a putative spouse.
A recent 2024 appellate case, In re Estate of McDonald, offers an important reminder:
👉 A person claiming to be a putative spouse must prove they genuinely believed the marriage was valid — and must bring that claim on time.
This case is a powerful lesson for Illinois families navigating blended relationships, long-term partnerships, or complex family dynamics.
What Happened in the McDonald Case?
After the death of John McDonald III, a woman named Ellizzette McDonald asked the court to recognize her as his putative spouse. She argued that she believed in good faith that she and John were married.
The Illinois Appellate Court ultimately rejected her claim for two key reasons:
1. She did not prove a genuine, good-faith belief in the marriage.
Illinois law allows someone to be considered a putative spouse only if they truly believed the marriage was real and valid. The court found that Ellizzette’s actions and circumstances didn’t support that belief.
2. She filed her claim too late under Illinois probate deadlines.
Even if she had a valid argument, her claim ran into a different legal problem:
Illinois Probate Act Section 18-12(b) sets a strict timeline for filing claims related to an estate. Once that deadline passes, the court cannot revive the claim — even for sympathetic circumstances.
Why This Case Matters for Illinois Families
This decision highlights three important takeaways:
1. Not all long-term partners qualify as spouses for inheritance.
Illinois does not recognize common-law marriage. Only a legal marriage (or a proven putative-spouse claim) will grant spousal inheritance rights.
2. Good intentions are not enough.
Courts look at facts — documents, conduct, and evidence — not just what someone believes or feels.
3. Probate deadlines in Illinois are unforgiving.
Many people wait to sort out estate issues because they are grieving or unsure where to start.
But in probate, waiting can permanently eliminate your rights.
This is why talking to a probate attorney quickly after a loved one passes away is crucial.
What Illinois Families Should Keep in Mind
If you or someone you know is in a long-term relationship, blended family situation, or informal partnership, it is essential to plan ahead.
Here are a few steps to help avoid future disputes:
✔️ Make sure your estate plan is clear and up-to-date
Wills, trusts, and beneficiary designations should reflect your actual wishes — not assumptions.
✔️ Don’t rely on “understandings” or unwritten agreements
If your partner is meant to inherit, put it in writing.
✔️ If you believe you are a surviving spouse, act quickly
Deadlines under the Illinois Probate Act move fast.
✔️ Talk openly with your family
Clear communication today prevents court battles tomorrow.
Final Thoughts
The McDonald case is a real-world reminder that relationships, intentions, and expectations don’t always align with Illinois law. Understanding your rights — and planning ahead — can prevent confusion and protect the people you love.
If you have questions about whether a partner qualifies as a spouse, how probate deadlines work, or how to protect your family through proper planning, I’m here to help.
📞 If you have questions about your estate plan or a probate matter, contact the Law Office of Jonathan W. Cole P.C. at (708) 529-7794 — “Your Neighborhood Law Firm.”
