Legal Question in Credit and Debt Law in Illinois

I have a question please. My mom recently died October, 2012. She has no estate or property. She transferred her house to us the children in 2008. Other than that she has no money etc. My question is she has a credit card debt on her name only. Her husband also deceased. She gave life insurances to her children through beneficiaries. I understand the credit card company cannot get the beneficiary life insurance and get the house since it is not in her name.

I do have a question, she does have a bank account which probably only has 400 dollars. We the children tried to close this account and we have the death certificate but they want us to get a lawyer and fill up a small estate affidavit. I do not want us kids to be appointed for her estate since we have none and I do not want to the credit card company to make the children pay.

another question once we inform the credit card company mom has passed what happens when they send us a mail to go to court or if the lawyer calls us. What should we do if they harass or call us.

Thanks


Asked on 10/23/12, 7:28 pm

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

If you paid Mom'funeral bill, you can complete a Small Estate Affidavit and filled out correctly the bank has to pay you the $400. No estate needs to be opened. The credit card company can do nothing, unless you personally guarnteed the debt.

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Answered on 10/23/12, 8:00 pm


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