Legal Question in Wills and Trusts in Illinois

Re: Credit card debt at death

Hello. Based upon the facts that you have provided, this is my answer. I am going to assume that the car will be in the name of relative b. If the car is going to be in your name, then your use of relative b's credit card needs to be explained to the finance company completely and you should have a written authorization from relative b in order to use the credit card. However, going back to my initial assumption that the car will be in the name of relative b, upon the death of relative b, an estate should be opened; will or no will.

After this is done every creditor of relative b will have six months to file a claim against relative b's estate. Any creditor that fails to file a claim against the estate is locked out and cannot recover. In other words, the debt will not just go away, if the finance company files a claim against relative b's estate. I have had situtations like this before.