- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011