Legal Question in Wills and Trusts in Illinois

deceased estranged mother

mother never re-did her Will from the 1970's, listing her 3 children as heirs. Her condo was not taken care of, needs at leats 10M $ of work, owes 70,000 bal on mortgage for a condo that may sell for 120,000 after fixed. do we contact her mortgage company to negotiate a better balance and less interest than the current 11% she carried on it? Does that make us liable to pay off her credit card debt and any medical bills, left un-paid?


Asked on 12/28/08, 2:10 pm

2 Answers from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: deceased estranged mother

Hello. I just read your posting. The first thing that you should do is open a decedent's estate in the Circuit Court. This should be done and you have no other choice but to file her will. To do otherwise would not be legal. The will named the person that your mother wanted to serve as executor, I am pretty certain. If that person is no longer living or cannot serve, then it should be you or one of your siblings. It is important that you act quickly to preserve your mother's estate. Without opening an estate, it is likely that the mortgage company will not cooperate and work with you. Will be happy to discuss this further and in more detail.

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Answered on 12/28/08, 4:53 pm
Adam S. Tracy Securities Compliance Group Ltd

Re: deceased estranged mother

Thank you for your question. her estate is liable for all outstanding bills due at the time of death. Going to the mortgage holder to modify the loan is a possibility, however you need to be sure you have legal capacity to do so. Do you know if her will was "admitted to probate"?? This is a fairly common situation. feel free to email me direct to discuss confidentially: [email protected]

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Answered on 12/31/08, 8:52 am


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