Legal Question in Wills and Trusts in Illinois
Disputing an estate
How long do you have to dispute an estate/will? My husband has student loans that were never paid by his father but were supposed to be paid per stipulation in a divorce decree.
1 Answer from Attorneys
Re: Disputing an estate
I presume your father-in-law has died and you want your husband to file a claim against the estate for money his father was obligated to pay under the terms of a divorce decree.
There are time limits but it depends on the circumstances. You didn't say whether an estate had ever been opened or how long it has been since your father in law died.
The time limits generally are 6 months for a probate estate and 2 years otherwise. However, the time limits can be shorter--or longer--depending on various circumstances. Sorry, I would need to "take a history" just like a doctor, before I can "diagnose." (www.legacylaws.com)