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Illinois Probate Act 755 ILCS 5/18-4: Claims not due

The representative of a decedent’s estate has many responsibilities with respect to winding up the estate. One such responsibility is to pay claims filed against the estate that are valid and not time barred. There are many procedural rules and technical requirements that must be followed with respect to filing and paying claims. In order to protect the rights of the estate, the claimants, and the distributees, it is critical that these rules are understood and followed. To learn more about the rules associated with estate administration, including the requirements of the Illinois Probate Act, section 18-4- Claims not due, contact a skilled Chicago estate administration attorney at the Law Offices of Stephen Bilkis & Associates.

Claims Against an Estate

A claim against an estate is basically an accusation that the claimant is owed money because the decedent wronged the claimant, or because of services rendered to the decedent for which compensation was never received. There are three general types of claims that can be brought against an estate: contract, tort, or statutory custodial.

Contract. A claim can based on a contract that the decedent entered into. For example, the claimant may allege that the decedent entered into a contract to have landscaping work done. The claimant completed the work according to the terms of the contract, but the decedent died before ever paying for the work. The landscaper has the right to file a claim against the estate for the amount due under the contract.

Tort. A tort claim arises when the claimant alleges that he or she was injured due to the decedent’s negligent or intentional actions. The claimant would seek compensation from the estate for the medical bills and other losses that he or she suffered. For example, the claimant alleges that the decedent’s negligence caused a car accident in which the claimant was seriously injured.

Statutory custodial claim. A statutory custodial claim is based on a family member taking care of a disabled person. Because the family member gave up earning income from other sources in order to care for the disable relative, the law allows the person to a statutory claim for a set amount of money from the disabled person’s estate once he or she passed away. In order to qualify for the sum, the person must be a spouse, parent, brother, sister, or child of a person with a disability , and the person must have cared for the person for at least 3 years. The amount to which the person is entitled is based on the level of disability as follows:

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

This Probate Court can reduce the amount based on other factors such as whether the claimant received the free or low cost of housing or whether the claimant received a financial benefit. If you have question about filing a claim, contact an experienced estate administration attorney in Chicago for assistance.

Form of Claims and Filing Rules

The Probate Act has a specific format as to how a claim must be filed. Failure to follow these rules may result a claim being rejected regardless of whether or not the claim had merit. Claims must be in writing, and must include sufficient detail so that the representative understands the nature of the claim or the relief sought. In other words, the claim must include what happened such that the decedent is liable. Claimants must make sure that the representative receives a copy of the claim.

As an experienced Chicago estate administration lawyer will explain, there is a special rule for a claim that is not due. According to Illinois Probate Act, section 18-4- Claims not due, a claim against a decedent's estate that is not due may be allowed and paid out of the estate just like any other claim. However, interest will not be allowed.

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

A claim against a decedent's estate that is not due may be filed and allowed and paid out of the estate as other claims but interest which has been included as a part of the principal obligation, computed from the time of the allowance of the claim to the time when it would have become due, shall be deducted.

Contact the Law Offices of Stephen Bilkis & Associates

If a loved one recently passed away and you have questions about the claims against the estate, the experienced estate administration attorneys serving Chicago at the Law Offices of Stephen Bilkis & Associates can help. We have decades of experience representing clients in matters related to settling estates, estate litigation, disputes with creditors, and understand the nuances of Illinois estate law including the requirements of the Illinois Probate Act, section 18-4- Claims not due. 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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