Estate Planning Help in Chicago, Illinois
Chicago Estate Attorney Donald Thompson
Illinois Estate Planning News

Uncategorized

Recent Cases

05 07.08

      Hopper v. Beavers, 362 Ill.App, 3d 913, 299 Ill. Dec. 287, 841 N. E.2d 1019 (5th Dist., 2005). When a spouse renounces a will the spouse’s 1/3 share is to be paid from the residue of the testamentary estate, even though it is 1/3 of the entire testamentary estate. When the residue is disposed of in parts or fractions it is necessary to determine whether the testator intends the respective parts or fractions to constitute subdivisions of the entire residue or to constitiute preliminary parts after which the true residue, meaning all the rest, is disposed of.

     In Re Estate of Rex B. Lower, 365 Ill.App.3d 469, 302 Ill.Dec. 346, 848 N.E.2d 645, (2nd Dist., 2006). 755 ILCS 5/18-1.1 provides that a spouse, parent, brother, sister or child of a diabled person who dedicates him or herself to the care of the disabled person by living with and personally caring for the disabled person for at least 3 years shall be entitled to a claim against the estate upon the death of the disabled person. The claimant does not have to physically provide the care or be physically capable of doing so. it is sufficient if the claimant superivises the care.

    

About the author

donthompson -

Currently there are no comments related to this article. You have a special honor to be the first commenter. Thanks!

Leave a Comment