What is the name of your state? Illinois.
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? Any assistance is appreciated.
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? Any assistance is appreciated.