Everything You Need To Know About Statutory Custodial Claims in Illinois
Statutory custodial claim. Any spouse, parent, brother, sister, or child of a person with a disability who dedicates himself or herself to the care of the person with a disability by living with and personally caring for the person with a disability for at least 3 years shall be entitled to a claim against the estate upon the death of the person with a disability.
"Listen do you want to know a secret" from the Beatles 1963 album Please Please meIn my life and in my legal career I have often seen great examples of love and self sacrifice by relatives who basically give up their "joie de vie" to care for a disabled family member.
I am ecstatic over the fact that the Illinois Legislature has recognized the contributions by these individuals and has enacted a little known and rarely used law to compensate them out of the probate estate of the disabled decedent.
The Statutory Custodial Claim is in addition to any inheritance or deviseThe Statutory custodial claim is in addition to any other claim including a reasonable claim for nursing and other care. It is in stated dollar amounts conditioned upon the degree of the disabled decedent*s disability (100% disability, minimum $180,000) and the extent of the assets available. If the claim can be proven to the satisfaction of the court, it is a claim against the estate of the disabled decedent that receives first priority along with funeral and burial expenses and the expenses of the probate proceeding. Therefore that likely assures it being fulfilled even before distributions to beneficiaries or heirs.
The Court may reduce the amount paid based on the evidencePlease note that a court may reduce the amount based on various facts and that a hearing is likely where the claimant will have to provide evidence to support his or her claim.
It is advisable to have legal representation to best present a claimFinally, because of the complexity of presenting and proving this type of claim I recommend that anyone considering such an action get professional legal advice from a competent attorney and if necessary legal representation.