Legal Question in Wills and Trusts in Illinois
death of son
my son recently died from a drug overdose as he struggled with this for numerous years. he is going to receive a fairly substantial sum of money from a class action suit. all of his medical bills are being paid by medicaide, and i understand they will likely file a lein against this settlement for re-imbursement, and the balance will go to his minor child in ttrust.(no wife).
my question is this, for 10+ years we furnished our son with housing and clothing , food, cigaretes , the basics of life as he has not worked for years due to his addiction. can we make a claim against the estate to recover any of that money we spent on him for so many years? we also paid his funeral expenses. thank you.
1 Answer from Attorneys
Re: death of son
The funeral expenses are certainly a claim against the estate. You can certainly try to recover other expenses you had. You may even fall under what's called a "statutory custodial claim". Normally this is invoked when someone lives with and takes care of an elderly disabled person. But the statute just talks about degrees of disability (without well defining "disability"). But if you can argue that your son was under disability (drug addiction may qualify?) and if he was living with you for at least three years, then you may also have that claim.
Talk to a local probate attorney.
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