Legal Question in Wills and Trusts in Illinois

If I owe money for medical expences and I own property (my house) is my will executor responsible for paying off those medical bills in case I die?


Asked on 1/24/15, 6:44 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

Upon your death, your estate would be responsible to pay any debts you owe. The executor would be the person that would administer those details. Some creditors do not file claims when they are sent notice of the estate. In a small estate situation, the debts can be paid using a small estate procedure.

If you are substantially in debt, you should give consideration to bankruptcy. The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) household income information for August 2014 through the present, including wages and unemployment during that period; (2) all your bills and collection notices (copies neatly assembled, back pages included); (3) last two years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 1/24/15, 8:57 am


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