Legal Question in Wills and Trusts in Illinois

can money be given to heirs before estate is finalized since there is a 6 month waiting period in Il for creditors to come forward?


Asked on 10/24/14, 4:04 am

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

It's possible, but in most cases not prudent: If there is enough money in the estate to cover all creditor claims, a partial distribution can be made before the estate is settled, but it's not usually done because of the uncertainty as to who the creditors are. A surviving spouse and dependent children (through their parent or guardian) can be awarded a statutory distribution when the executor or administrator is appointed. Check with your attorney for the specifics.

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Answered on 10/24/14, 6:25 am
Henry Repay Law Offices of Henry Repay

Very well answered by Attorney Prihoda.

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Answered on 10/24/14, 6:27 am


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