Legal Question in Wills and Trusts in Illinois

Heirs not mentioned in will and creditors rights to their share

Can the State obtain payment of a child support debt from an estate where the descendant was NOT named as a beneficiary? Especially if their is an agreement prior to decedent's death that the estate be divide equally between ALL descendent's?

Thank you.


Asked on 8/21/00, 12:52 pm

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Heirs not mentioned in will and creditors rights to their share

The agreement you refer to is ineffective unless it is part of a properly executed will or trust.

As far as the child support, there are a coupld of possibilities. First, if the decedent owed cback child support, that would be a claim against his estates. Second, a surviving spouse and dependent children are entitled according to IL law to an award not less than $10k for the spouse and $5k per child. That is also a claim against the estate that takes priority over most other claims or debts.

Feel free to call me or e-mail me offlist to discuss this further.

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Answered on 9/26/00, 9:47 am


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