Helping Your Claims Against An Estate Succeed
With remarriages, blended families and people living longer, claims made against estates are becoming more frequent. Many people may believe they have a legitimate claim to the same estate. To sort out who is entitled to an inheritance, you need a knowledgeable estate planning and litigation attorney.
At Michael Overmann, Ltd., we bring 23 years of combined estate planning experience to our practice. We can help you and your family determine who has rights to an estate. Our lawyers can also help you fight unfair creditor claims to a loved one’s estate. Please call our Darien office at 630-395-7948 or our Homer Glen office at 708-590-4599.
Spousal Awards, Custodial Claims And Creditor Claims
Under Illinois law, you are not allowed to disinherit a spouse in your will. A surviving spouse has rights and can take a one-third share of the estate. He or she may also take a spouse’s award, which has a $10,000 minimum as well as $5,000 for each dependent child. Second spouses and members of blended families often find themselves in an estate dispute with the former spouse of the decedent.
Another unique Illinois law is the statutory custodial claim. If you live with and take care of a disabled immediate family member for at least three years, you can make claim on that person’s estate after he or she dies. This is considered a first-class claim, which gives it priority over everything but funeral and estate representation expenses.
If you are being harassed by creditors for debts a spouse or relative owed at the time of death, there is good news. The decedent’s estate is liable for the debts that are in the decedent’s name. As a surviving spouse, child or sibling, you are not liable for debts that are not in your name. In addition, a creditor cannot take any joint tenancy assets to pay off debt. Credit card companies often try to get relatives to pay debt liability that is not their responsibility.