Legal Question in Credit and Debt Law in Illinois

Hello:

My mom recently passed away. She had no estate or money. She has a credit card that will die with her. It is now under probate. I do have a question, she recently had a refund check from her blue cross insurance. I am her daughter and I took it to the bank with me to deposit under my name since I paid for her funeral expenses. I told the bank I am not the executor, there is no executor and no will. They let me deposit the check but made me sign and put executor eventhough I am not the executor. Now will this go against me since she is under probate for her credit card? I am now regretting to even deposited this check.

Thanks


Asked on 11/05/12, 9:29 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Probate estates are rarely opened by creditors. If she had no estate, then there is no estate to open. The bank and you were wrong in attempting to negotiate the check in the manner you did. You do and did have the right to take the check if you complete a Small Estate Affidavit and use the funds to repay yourself for the funeral, however. If there is no will, then there is no executor. There would be an administrator if there were assets to administer. The credit card company does not open an estate unless they believe there is an assets from which they might get paid.

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Answered on 11/05/12, 12:29 pm


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