Legal Question in Wills and Trusts in Illinois
Per Illinois Probate Law, a surviving child is entitled to an award during the 1st 9 months after the deceased has died. It is now 26 months later. Is this child still entitled to an award and if so, how much?
2 Answers from Attorneys
Yes, I don't believe that there is a specific statute of limitations, although the court could possibly in its discretion say it's too late. Otherwise, the minimum is $10,000, but it could be higher upon proper proof.
It is not "during" the first 9-months, but "for" the first 9-months. I agree with the previous answer that there does not appear to be a time for forfeiture and it appears to be the representative's duty to address it. Child(ren) must be minor(s) or otherwise dependent and either (1) no surviving spouse; or (2) child(ren) do not live with surviving spouse. Amount can vary, but a minimum applies and is also impacted by whether there is a surviving spouse.
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