Legal Question in Wills and Trusts in Illinois
estate closure problem
8-1-00
As executor of my mothers estate I need advice in how
to proceed in the following matter.
Estate in State of Illinois, City of Chicago, Attorney
hired in October 1995 to settle Estate of deceased
(July 1995).
Executor lives out of state. Executor bonded.
Current Assets of Estate:
� Property used as Church, building and lot valued at
approximately $85,000. Building in use as church by
current tenants. Sales contract being negotiated.
� Residence approximate value $65,000, to be used as
residence by disabled son.
Current Liabilities of Estate:
� $33,000 unpaid medical bills
� $88,000 Judgement (Mechanics Lien) against
property/Executor
� $26,000 Judgement (Mechanic Lien) against
property/Executor for loss of contractor equipment.
� Back taxes for Church property
I seek answers to the following questions.
� Do I have any recourse against the attorney for
like of competence in expediting the disbusement of
the Estate.
� Am I personally liabile for any judgements against
the Estate, Should the bonding company handle any
shortfall?
� What is the best way to finalize
1 Answer from Attorneys
Re: estate closure problem
Have the creditors filed claims, and if so, what is the status of those claims? If they have not been filed and proper notice was given, then those claims are not barred by the 6-month statute of limitations.
You are not personally liable for estate claims. The claims are to be paid according to priority out of estate assets. This assumes of course that distributions have not been made to beneficiaries.