Legal Question in Wills and Trusts in Illinois

Mom's estate

My mother passed away last month leaving behind a home and a vehicle, both of which were in her name only as she had inherited them within the past year. When my mother got sick, my step-father let the bank foreclose on his home, and then moved into the home my mom had inherited. My step-father's attorney has advised that he is entitled to the $10,000 spousal award and a $7,500 homestead exemption. In addition, my step-father signed the payment agreement at the funeral home and received a $30,000 life insurance benefit, but has not paid for the funeral. If an estate is opened and all property is sold, will the spousal award, homestead exemption, and funeral bills all be taken off the top of the gross estate before it is distributed?


Asked on 7/26/06, 10:37 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Mom's estate

Hello. If an estate is opened for your mother,

all creditors have six months to file claims against your mother's estate. Chances are, everything will come off the top. An inventory will have to be filed, should an estate be opened

to determine what belongs to the estate. Opening

an estate is the best way to go. I will be happy

to answer any additional questions that you might have.

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Answered on 7/27/06, 3:06 am


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