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Illinois Probate Act 755 ILCS 5/18-1.1: Statutory Custodial Claim

One of the primary purposes of estate administration is to ensure that the debts the decedent owed at the time of his death and claims against his estate are satisfied. In fact, the Probate Court will typically require that money owed by the `, including any debts based on claims, be paid prior to the distribution of estate assets to beneficiaries and heirs. To learn more about the rules associated with estate administration, including the requirements of Illinois Probate Act, section 18-1.1- Statutory custodial claim, contact a skilled Chicago estate administration attorney at the Law Offices of Stephen Bilkis & Associates who can explain the nuances of the Illinois Probate Act.

Estate Administration Process

Estate administration begins when the will, if there is one, is submitted to the court by the executor named in the will. In the absence of a will the process is initiated by someone wishing to be appointed estate administrator. Whether the person is called an executor or an estate administrator, his (or her) job as administrator is to wind down the decedent’s estate so that ultimately any assets that remain in the estate can be distributed to the decedent’s beneficiaries or heirs. Steps in administration include collecting the asset in the decedent’s estate, inventorying the assets, appraising the assets, paying debts, settling claims, and distributing assets to the beneficiaries or heirs.

A claim is a lawsuit filed against the estate of the decedent. The possible types of claims include contract claims, tort claims, or statutory custodial claims.

  • Contract claim. Based on a conflict in the interpretation of a contract or a breach of a term in a contract.
  • Tort claim. Based on a negligent, reckless, or intentional act that results in bodily harm
  • Statutory custodial claim. Based on an Illinois statute that gives a spouse, parent, brother, sister, or child of a person with a disability the right to a claim against the estate after the person with the disability dies, if that person cared for the person with a disability for at least 3 years.

Whether the claim is contract, tort, or statutory claim, it must be in writing and it must be timely filed. In addition, the administrator must receive notice of the claim. For information about the details that need to be included in the claim, contact an experienced estate administration attorney in Chicago.

Statutory Custodial Claim

Under Illinois Probate Act, section 18-1.1- Statutory custodial claim, the statutory claim amount is based upon the nature and extent of the person's disability as follows:

  • 100% disability, $180,000
  • 75% disability, $135,000
  • 50% disability, $90,000
  • 25% disability, $45,000

The court can reduce the amount of the statutory claim based on several factors including whether the claimant received the free or low cost of housing , the alleviation of the need for the claimant to be employed full time, whether the claimant received a financial benefit, whether personal care received by the claimant was from the decedent or others, and the proximity of the care provided by the claimant to the decedent to the time of the decedent's death.

Insufficient Assets to pay Claim

If the estate has insufficient assets to pay then they will be paid in order of claim priority. According to the Probate Act, claims that are first priority are those that relate to the decedent’s funeral and burial expenses, expenses related to the administration of the estate, and statutory custodial claims. Next in priority are the surviving spouse’s award and the child’s award. Third in priority are debts owed to the United States such as federal taxes due or student loans. Any money due to employee of the decedent that does not exceed $800 is next in priority, followed by property held in trust by the decedent which cannot be identified or traced. Debts dues to Illinois are 6th in priority, and all other claims are last. To learn more about priority of claims, discuss your concerns with an experienced Chicago estate administration lawyer.

Related Statutory Provisions
  1. Filing of claims - mailing or delivery of copies: Illinois Probate Act, 755 ILCS 5/18-1
  2. Claim form: Illinois Probate Act, 755 ILCS 5/18-2
  3. Notice - Publication: Illinois Probate Act, 755 ILCS 5/18-3
  4. Claims not due: Illinois Probate Act, 755 ILCS 5/18-4
Illinois Probate Act, Section 18-1.1- Statutory Custodial Claim

Any spouse, parent, brother, sister, or child of a person with a disability who dedicates himself or herself to the care of the person with a disability by living with and personally caring for the person with a disability for at least 3 years shall be entitled to a claim against the estate upon the death of the person with a disability. The claim shall take into consideration the claimant's lost employment opportunities, lost lifestyle opportunities, and emotional distress experienced as a result of personally caring for the person with a disability. Notwithstanding the statutory claim amounts stated in this Section, a court may reduce an amount to the extent that the living arrangements were intended to and did in fact also provide a physical or financial benefit to the claimant. The factors a court may consider in determining whether to reduce a statutory custodial claim amount may include but are not limited to: (i) the free or low cost of housing provided to the claimant; (ii) the alleviation of the need for the claimant to be employed full time; (iii) any financial benefit provided to the claimant; (iv) the personal care received by the claimant from the decedent or others; and (v) the proximity of the care provided by the claimant to the decedent to the time of the decedent's death. The claim shall be in addition to any other claim, including without limitation a reasonable claim for nursing and other care. The claim shall be based upon the nature and extent of the person's disability and, at a minimum but subject to the extent of the assets available, shall be in the amounts set forth below:

  1. 100% disability, $180,000
  2. 75% disability, $135,000
  3. 50% disability, $90,000
  4. 25% disability, $45,000

Contact the Law Offices of Stephen Bilkis & Associates

Whether you have a claim against an estate or you are an administrator or beneficiary of an estate against which a claim has been filed, the experienced estate administration attorneys serving Chicago at the Law Offices of Stephen Bilkis & Associates can help. We over 20 years of experience representing clients in matters related to estate litigation and estate administration. We understand the nuances of Illinois estate law including the requirements of the Illinois Probate Act, section 18-1.1- Statutory custodial claim. Contact an attorney in our office attorneys at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Chicago.

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