Q: If a sibling lived with and took care of disabled parent until death, when the estate is split do they get reimbursed?
My father in law recently passed and we had moved in to care for him for the last 3 years to keep him out of a nursing home. My husband took care of him financially and the family farm. Now it is split between him and his sister's who are not wanting to cooperate or agree on decisions. As of now no will has been found.
A:
In Illinois, a spouse, child, parent, or sibling who acts as a caregiver for a Decedent may be entitled to a statutory custodial claim if they've provided intensive care for at least 3 years prior to Decedent's death (and lived in the home). You'd have to make a showing that the caregiver forewent his own life/earning potential/etc. in order to make that claim; it's not an easy feat.
Additionally, if someone lent the Decedent money or want to seek reimbursement for funds or time they expended, they may try to make a claim (a seventh class claim, which is not as high in terms of priority of payment as the statutory custodial claim).
I wish you the best of luck.
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