Legal Question in Wills and Trusts in Illinois

Illinois probate matter

Decedent passed away 4/16/03. Probate was filed 1/18/05. Final acctg is due 5/7/08 to the court. Probate was initially an independent administration now it's supervised. Counsel for estate tells me there's a nursing home claim. I tell him according to IL probate code, all claims are barred 2 years after decedent passed. He says there's a check made payable to the nursing home for $1,400 by Administrator the day after decedent died so we need to recognize the claim. I question his knowledge about IL probate, but I live in FL and don't fully understand IL law. Do we have any argument against this claim, given the amount of time that has passed since decedent died and probate was filed in spite of the existence of the check? I deeply appreciate your assistance.


Asked on 3/15/08, 12:28 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Illinois probate matter

You need to check with an Illinois lawyer. Sounds like you have the better argument, but it would depend on the law of Illinois.

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Answered on 3/15/08, 12:43 pm


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