People who cared for decedents or furnished property to them or paid their bills often file claims against the decedent's estate for compensation or reimbursement. Since there was usually no express contract they have to proceed on the basis of a contract implied in fact or implied in law. When they are family members they may be faced with a presumption that they furnished the property or services gratis.

These claims are not easily proved, especially when the Dead Man's Act applies. This Act makes a claimant's testimony about the decedent's acts or words inadmissible in certain claims against the estate. However, a special statute explicitly provides for compensation to certain family members who dedicate themselves to the care of and lived with the decedent for at least 3 years if the decedent was disabled. The statute provides that this claim is in addition to any other claim for nursing or other care. A minimum amount is provided based on the degree of decedent's disability as follows:

The amount awarded is supposed to be based on the nature and extent of the disability and is supposed to take into consideration the claimant's lost employment opportunities, lost lifestyle opportunities and emotional distress experienced as a result of caring for the decedent.

The claim can be made by a spouse, parent, brother, sister or child.

Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois Probate Lawyers
Ph: 312-782-0844 * Fax: 312-201-1436 * Email: donthompsonlaw@sbcglobal.net