Legal Question in Credit and Debt Law in Illinois
I wanted to know what happens to my mom's condo when she dies with credit card debt left behind. (I am not listed on any of her credit cards). She has no life insurance or other savings, or bonds, IRA's, etc. I know my mom will be leaving me her condo as my name is on a land trust for the condo to go to. Is there anything that can be done now so as not to jeopardize the condo she'll be leaving me so that her creditors don't force me to sell it? (I live in Illinois)
1 Answer from Attorneys
There are really too many unknowns with your situation as stated. Among other things, we don't know if you currently own the beneficial interest or if you are just a successor when she passes. We don't know if the condo is free and clear or has a mortgage on it -- many senior have fallen for "reverse mortgages" that effectively eat up your equity and require you to repay more than you borrowed by forcing a sale. We don't know her financial status because if she is receiving "public aid" she can't own a condo and if she attempts to give it away now and dies w/in 5 years the agencies can come after the condo. How is she getting by now because if she's as bad off as you say (many seniors get by with making a minimum payment....) if she runs short and doesn't make a minimum payment a creditor could take a judgment today and seek the condo to satisfy the judgment -- and it wouldn't be for the minimum amount, it would be for the total due. You really should take the situation to an estate planning attorney who understands land trusts as well, you should talk with her first anyhow -- who does her taxes?