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pension at the business college, she paid off the home equity
loan secured by the Glenview house.
Ms. Horstmeier died on January 25, 1993. In her will, the
Glenview house is not mentioned specifically; it passed to Ms.
Scott as the residuary beneficiary of a trust to which Ms.
Horstmeier bequeathed her assets not required for estate
administration. Ms. Scott was appointed executor of the estate.
In August 1993, Ms. Scott filed a claim in the Circuit Court of
Cook County, Illinois, County Department, Probate Division. The
claim sought a 50-percent tenancy-in-common interest in the
Glenview house. The claim stated, inter alia, as follows:
a) that the decedent [i.e., Ms. Horstmeier] and
claimant [i.e., Ms. Scott] would share the expenses
regarding residence, including, but not limited to,
mortgage, real estate taxes, capital improvements, day
to day maintenance, and any other improvements agreed
to be made by the parties.
b) that the decedent would require the claimant to
pay $3,000 of $25,000, which represented � of the
downpayment made on the purchase of the home, per year,
commencing in the year 1976.
3. That in fact the decedent and claimant have
shared the expenses as agreed * * *, and also decedent,
each year a $3,000 payment was required, required no
payment and made a gift in the amount of $3,000 to
* * * [claimant].
The probate court approved the claim. In doing so, the court did
not pass upon the merits or the underlying facts of the claim,
and no person with an adverse interest to Ms. Scott’s contested
or consented to the claim.
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Last modified: May 25, 2011