Illinois Agreement Between Heirs and Third Party Claimant as to Division of Estate

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Multi-State
Control #:
US-01111BG
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Word; 
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Description

Agreements among family members and claimants for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The executor immediately must publish a written notice in a newspaper within the county of the Probate Court to notify potential creditors of the existence of the estate and the necessity for their filing of written claims against the estate. The law in Illinois provides such creditors six months to file those claims.

2-619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds.

Section 735 ILCS 5/2-405 - Joinder of defendants (a) Any person may be made a defendant who, either jointly, severally or in the alternative, is alleged to have or claim an interest in the controversy, or in any part thereof, or in the transaction or series of transactions out of which the controversy arose, or whom it ...

All persons may join in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally or in the alternative, whenever if those persons had brought separate actions any common question of law or fact ...

Joinder. n. the joining together of several lawsuits or several parties all in one lawsuit, provided that the legal issues and the factual situation are the same for all plaintiffs and defendants.

Under the compulsory joinder statute, multiple charges must be joined in a single prosecution where: (1) the charges are based on the same act, (2) the multiple charges are known to the prosecutor when the prosecution begins, and (3) the charges are within the jurisdiction of a single court. 720 ILCS 5/3-3.

Under per stirpes distribution, if an heir dies before the decedent, but that heir leaves descendants, the descendants will receive the pre-deceased heir's share equally.

2-406. Bringing in new parties - Third-party proceedings. (a) If a complete determination of a controversy cannot be had without the presence of other parties, the court may direct them to be brought in.

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Illinois Agreement Between Heirs and Third Party Claimant as to Division of Estate