Legal Question in Real Estate Law in Illinois

sister died leaving everything to me, including house in her will.. Mortgage is 45000 but is appraised much lower. there is a small estate to cover this expense. can i legally walk away from this house . Because my name is not on the deed and the house value is less than money owed what are my options.. same goes for unpaid charge cards.. is the estate rsponsible? the will is not in probate .


Asked on 10/10/13, 12:54 pm

1 Answer from Attorneys
Stephen Messutta

Depending on the size of the estate you can "renounce" the gift (ie reject it), and walk away, but you can't walk away from parts - you can't pick and choose. So if there's a will there should be an executor and the executor should have an attorney, and you should get one involved to discuss how best to handle this situation. As to your sister's unpaid expenses, again this should be the executor's responsibility. If you are named as the executor you should get an attorney to help. As to the will not being in probate, a will by law has to be filed with the court Clerk w/in 30 days after the date of death. Probate is be required for real estate that is covered only by a will.

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Answered on 10/11/13, 7:42 am


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