Legal Question in Wills and Trusts in Illinois
Can a creditor force you to probate an estate
My mother passed away and had a lot of unsecured debt. The only asset she had was a home that was mortgaged. We know that some money (less than $10000) is owed to her estate. The funeral expenses were about $10000. Can these creditors force the estate into probate?
3 Answers from Attorneys
Re: Can a creditor force you to probate an estate
Yes. Think about it. A creditor that is properly owed money should be able to collect it. The estate should be in probate anyway. Its improper, and fraudulent to try to avoid probate in order to avoid creditors.
Re: Can a creditor force you to probate an estate
Yes, it is possible for a creditor to petition the court to open a probate estate.
Often times, however, creditors are willing to negotiate a payment. They usually don't want the added expense of going to court.
Good luck to you.
Re: Can a creditor force you to probate an estate
Did mom own the home with anyone else?
If not, at some point you will need to open a probate estate to transfer the property.
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