Legal Question in Wills and Trusts in Illinois
Charge Bills
My stepmother is charging my fathers estate with her charge bills. I feel that these charges were incurred while my dad was incapacitated and therefore could not have used them himself. Furthermore, I feel that she charged up these large amounts in gifts for her children. Is there anything I can do to make sure that my family does not have to pay her charge bills?
2 Answers from Attorneys
Re: Charge Bills
If your stepmother is still married to your father, your father is liable for her necessities of living, including her food, clothing and shelter, in a manner in which they are accustomed to living, whether she uses his credit cards, or her own, or becomes liable in any other way. If she is charging gifts to others, or other expenses that are not the aforementioned necessities, then he may not be liable. Arrange to close any credit card account you are concerned about and move to stop your father's money from being used to pay any inappropriate bills. If your father is still incapacitated, you should hire an attorney to have him declared a disabled person by an appropriate court. This will help to protect him from inappropriate liability. Call me if you wish. Larry Stein (630) 221-1755
Re: Charge Bills
If an estate has been opened and this is independent administration, you can file a petition to request supervised administration which means that the court will supervise all of the bills that are paid. If you have any questions, please feel free to contact me. (312) 346-1460