Under 755 ILCS 5/18-1.1 you may be entitled to as much as $100,000 if the decedent was 100% disabled and correspondingly $75,000 if 75% disabled and so forth. If during the last three years of his life, the decedent was disabled, and needed to be cared for then the caretaker may be eligible to be paid for his/her efforts. The probate court will determine the actual amount to be paid. The court will examine issues such as the caretaker’s lost employment opportunities, lost life-style, opportunities and emotional distress suffered as a result of caring for the disabled family member. The court will base the custodial award on the nature and extent of the disability. The amount of the award as a custodial claim comes directly off the top of the decedent’s estate. If there are creditors or other people who will not receive anything due to your custodial claim, you can probable expect a court battle If the decedent died testate it will be the estate’s representative to see that the decedent’s Will is administered according to how the decedent wrote his Will. A custodial claim must be made in writing and filed with the court in a timely manner. Therefore, if you believe you have a claim you should employ an attorney as soon after the death as possible. If the decedent died with few or no assets then, of course, there is nothing for you to claim or recover except societies gratitude, and grateful thanks for your humanitarian efforts.
