Legal Question in Wills and Trusts in Illinois
Who determines if claim against estate is valid in Illinois? Who can contest the claim made against the estate? Claim is for past child support obligations
2 Answers from Attorneys
In Illinois, a claim must be filed with the Representative or with the Court within a certain time period. If the claim is only filed with the Representative, that Representative may "disallow" a claim which will bar the claim unless the claim is subsequently filed with the Court within a certain period after the disallowance. In general, it is ordinarily better to file the claim directly with the Court, and then provide the Representative with a copy of the claim and notice of the date of the claim's first presentation to the Court. I recommend that you consult with an attorney to learn more about all of this.