Legal Question in Wills and Trusts in Illinois

My Mother - in - law has passed away and has an open balance on a credit card - are we responsible to pay this card off and or can they attach to her final estate (home). What do we do in this instance?


Asked on 6/15/10, 3:53 pm

1 Answer from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

The only party that would be liable for this debt would be her probate estate. The credit card co. could file a claim against the estate and then, if the claim is valid, would be paid from estate assets, if any, including any real estate in the estate that is not otherwise encumbered.

The representative of the estate should retain an attorney to advise them on how to handle claims.

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Answered on 6/15/10, 7:02 pm


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