Tuesday, June 25, 2013

It Won't Fly

Jack’s mother had a very kind neighbor, Robin, who often brought her soup, sandwiches and sweets for lunch.  Sometimes, Jack’s mom would tell Robin that she was someday going to repay her for her kindness with several thousand dollars.  Robin always assumed she would be included in her Will.

After Jack’s mother died, Robin filed a claim in her estate for the three thousand dollars she was promised, because she wasn’t named in the Will. 

As the personal representative under his mother’s Will, Jack has a duty to examine each claim to decide whether it is valid.  If it is, he should pay the claim and report it in his Accounting.  If it’s not, he should challenge it. 

Jack realizes he should dispute Robin’s claim, because, according to Illinois case law, his mother’s promise to Robin to make a future gift does not adequately support a claim against his mother’s estate. 

Filing a claim in an estate does not mean it will necessarily be paid. 

For advice about an estate plan that actually fulfills all the promises you wish to honor, call our office at (815) 436-1996 for an appointment to begin planning or to review your current plan to be sure it will accomplish your goals.  ©2013 Gruber Law Office, Ltd.


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