Legal Question in Wills and Trusts in Illinois

problem with contract after Dad died

My dad was killed in a motorcycle accident 10/21/06, just days after he refinanced his house. He has always had the ''insurance'' that will payoff your house or car if you die. He was getting it for the refinance but the paper came the day he died and he didn't get to sign it.

When I bought my car the guy told us that you have to sign so they know you DECLINED the ''insurance'' otherwise you get it and have to pay for it each month.

My question is... Since Dad didn't get the paper but they knew he wanted the ''insurance'' does that change anything? Also since he didn't sign that page was it a complete contract?

We are paying the house off because it is about to go into foreclosure, but I would really like to know we have to.


Asked on 1/09/08, 11:30 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: problem with contract after Dad died

If he did not get insurance and "bound" a plan, then you are out of luck.

As to the contract being complete, yes it was. Since you father received the benefit of the bargain (the money), no court is going to let his estate out of paying the money back.

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Answered on 1/10/08, 5:52 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: problem with contract after Dad died

You really need to have this situation reviewed by a lawyer. Too many variables.

Please feel free to use these resources:

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 1/10/08, 10:57 pm


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