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Probate

Probate Litigation and Claims

Surviving Children’s Rights in Illinois Probate Explained

Surviving Children’s Rights in Illinois Probate Explained

In this article, we will explain the rights of a surviving child in Illinois probate.  Similar to the award a surviving spouse receives upon the death of his or her spouse, children also have rights and are entitled to certain awards when a parent dies under Illinois law.   A surviving child’s rights depend on whether the child is a minor or is an adult with a disability, whether the deceased individual is survived by a spouse, and whether the child lives with the surviving spouse.  We will explain the surviving child’s rights in each of these circumstances.

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The Illinois Dead-Man’s Act Explained | Probate Evidence in Illinois

The Illinois Dead-Man’s Act Explained | Probate Evidence in Illinois

The purpose of this article is to explain the Illinois Dead-Man’s Act (735 ILCS 5/8-201).  The Illinois Dead-Man’s Act is a statute that prevents parties to litigation from testifying about their own conversations with a deceased person if that conversation would provide evidence beneficial to the party testifying. One of the primary purposes of the Dead-Man’s Act is to prevent fraudulent claims in Illinois probate litigation,  will contests, and guardianship disputes

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Tortious Interference with an Expectancy of Inheritance and Fraudulent Inducement

Tortious Interference with an Expectancy of Inheritance and Fraudulent Inducement

In this article, we will explain the torts of tortious interference with an expectancy of inheritance and fraudulent inducement, two common causes of action in Illinois probate litigation. In the context of Illinois probate disputes, both causes of action are brought against individuals who wrongfully deprive the plaintiff of his or her inheritance.  We will discuss the elements of each cause of action in Illinois and how they interact with Illinois will contests.

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Statutory Custodial Claims Explained

Statutory Custodial Claims Explained

The purpose of this article is to explain statutory custodial claims in Illinois probate cases. Statutory custodial claims are claims for payment from a deceased person’s probate estate that can be made by certain caregivers to the deceased (“the decedent”).  Statutory custodial claims are created and governed by 755 ILCS 5/18-1.1, part of the Illinois Probate Act.   

Who Can Make a Statutory Custodial Claim in Probate?

In order to be eligible to make a statutory custodial claim in probate, three things must all be true:

  1. The claimant must be the spouse, parent, brother, sister, or child of the decedent;
  2. The decedent must have had a disability for at least 3 years; and
  3. The claimant must have lived with and personally cared for the decedent for at least 3 years.  
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Illinois Probate Claims Explained

Illinois Probate Claims Explained

The purpose of this article is to explain the Illinois probate claims process.  We will discuss the deadline to file probate claims, how to file a probate claim, the process for litigating disputed claims, and priority of Illinois probate claims.  For information about the probate process generally, check out our previous article: The Illinois Probate Process Explained. 

In a probate case, the executor or administrator of the estate ( the “representative”) is responsible for collecting the assets and income of the deceased individual (the “decedent”) and using them to pay any liabilities of the estate prior to paying heirs and legatees (beneficiaries of the decedent’s estate plan).  Anyone who has a cause of action against the decedent may file a claim against the estate.  This can include claims for breach of contract, torts, collection of a debt, and various other types of liabilities.  

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