Tuesday, July 2, 2013

No Future Gift After Death

Last week, Jack learned he had a duty as his mother’s executor under her Will to contest the $3,000 claim Robin filed in his mother’s probate case.  Jack’s mother had told Robin that she was going to repay her for her neighborly kindnesses with several thousand dollars but didn’t write it in her Will.

As we explained last week, Jack’s mother’s promise to Robin to make a future gift is not a valid estate claim under Illinois law.  To contest Robin’s claim, Jack must file a formal legal document called a pleading within 30 days of the filing of her claim. 

In his pleading, he should set out the reasons why he believes her claim is not valid.  It will then be set for hearing with the probate court judge, or a jury can be demanded.  

Robin will be required to prove that her claim is valid.  If she cannot, as would likely happen here, the court will disallow her claim, and Jack will not need to pay Robin.

Only completed gifts or those detailed in a valid estate plan, such as a Will or a Trust, are supposed to be paid after your death. 

For advice about an estate plan that 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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