Legal Question in Wills and Trusts in Illinois
If a property is going through probate in Illinois. Can the executor do a reverse mortgage on the property before it is released to the person inheriting it?
2 Answers from Attorneys
No. Who would the debtor be? The executor certainly does not want personal responsibility for repayment. He would have to distribute both the property and the loan proceeds to the beneficiary. I don't know what you are trying to accomplish but there have to be better ways than this.
Technically, this is possible. However, explore this with caution. Also, an Executor may be required to inform the beneficiaries of the Estate of this plan, and/or get Court approval.
Remember, the Executor's job is often only to wind up the administration of the Estate, and deliver the Estate to the beneficiaries. Generally, an Executor should not be making long-term plans.
Also, I sincerely doubt that a "reverse mortgage" would be the appropriate way to tap the equity in an Estate.
Before you proceed, I strongly recommend that you thoroughly discuss the assets and liabilities of the Estate with an attorney, and have that attorney assist you in evaluating your options. Feel free to contact me if you'd like to discuss this further. I won't charge for the phone call.