Prior to the 1991 amendment, case law did not allow children to obtain educational support from their divorced parents’ estates.  Unless there was an obligation for the parent to provide such support prior to his death.  Treacy v. Treacy, 204 IllApp3d 282.

Section 510€ provides that a petition seeking to have a court order child support and educational expenses is not extinguished by the death of a parent. And it may be filed either before or after the parent’s death.

The court may award sums of money out of the decedent’s estate for the child’s support or educational expenses, or both. 

The time within which a claim may be filed against the estate of a decedent under Sections 505 (child support) and 513 (educational expenses) are governed by the provisions of the Probate Act of 1975.

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