Legal Question in Wills and Trusts in Illinois

Executrix of estate

If my father appoints me as executrix of his estate, can I decline the appointment in the state of Illinois? I read that the executrix is responsible for debts owed by the estate. I prefer not to have this responsibility. My guess is that my father's debts exceed his assets and I don't want to be liable.


Asked on 4/10/08, 8:57 pm

1 Answer from Attorneys

Re: Executrix of estate

The executrix is not responsible for the debts of the estate except in her capacity as executrix. This means that if there is no money in the estate, you will not be personally responsible for payment of debts.

If there are no assets in the estate, the debts simply don't get paid.

Regardless, if you are appointed, you always have the right to decline.

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Answered on 4/10/08, 9:28 pm


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