Legal Question in Wills and Trusts in Illinois

My single brother passed away last week. No one is on his checking account. The bank is having my mom fill out a small estate affidavit. He has a car with a balance of $18000. So the bank for the loan on the car said they would take the car back and send to aution and if there is a balance go after my brother's estate. WIll my mom be responsible for this if she fills out this small estate affidavit. He did not have a will and no one is on his car loan> There is a life insurance policy he left my mom


Asked on 6/07/17, 4:54 pm

1 Answer from Attorneys
Virginia Prihoda Law Offices of Virginia Prihoda

Your mom will not be responsible for the car note but she will be responsible for paying out the cash in your brother's account to those parties entitled to it--including the car note. How much equity is there in the vehicle. Do you think you could get a better price by selling it yourselves than the bank for the loan would get at auction? Does anyone want to negotiate for ownership of the vehicle by assuming responsibility for the payments? Have funeral expenses been paid? The first priority for the cash in the bank is to reimburse anyone who advanced funds for the funeral and burial/cremation. I think the insurance proceeds belong to your mom.

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Answered on 6/07/17, 9:15 pm


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