question regarding validity of a claim against an estate

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.

How much is the nursing home claim for and could it possibly somehow be related to the invoice for the previous $1,400 payment?

DANDY DON IN OKLAHOMA ([email protected])

I don't know how much it is for. All I know is the attorney says he'll try to negotiate to get them to take a lower amount.

consider costs of fighting

When was the claim by the nursing home filed?

Also, consider the costs of fighting the claim - if the nursing home filed the claim in the probate court, the attorney is going to have to file a response, etc. Legal fees could quickly eat up much of the $1,400 and, more importantly, delay closing the estate while the matter is resolved. A quick settlement at a discount is well worth it.