Legal Question in Wills and Trusts in Illinois
Debt and Wills
Hello,
I was curious who would be responsible for your debt when you pass away?
Asked on 8/08/02, 8:02 pm
1 Answer from Attorneys
Jay Goldenberg
Jay S. Goldenberg
Re: Debt and Wills
Debts will be claims against your probate estate. The family cannot get to those assets without paying off creditors.
On the other hand, if you don't have a probate estate (e.g. everything in joint tenancy)and other persons have not affirmatively taken responsibility, the creditors are out of luck.
Answered on 8/08/02, 9:21 pm