Legal Question in Wills and Trusts in Illinois

my sister died. had insurance policy of $130k to pay her house off in the event of death. insurance policy paid the beneficiaries instead of mortgage company. she had 2 daughters 1 age 21 and the other age 13. only the 21 year old portion was available to the mortgage off. she owed $140k. the 21 year old spent all of the money and did not pay anything towards the mortgage debt. i am the guardian of the 13 year old. now the 21 year old is saying she is coming back to live in the home in june. can she do that? what is her obiligation/right to the home? how can i make her understand that she has inherited a debt?


Asked on 12/27/12, 4:33 am

1 Answer from Attorneys
Virginia Prihoda Law Offices of Virginia Prihoda

I don't think "making her understand" is going to result in an action plan. I believe visiting a probate attorney in your area would be helpful. The attorney can help outline the family's options and recommend a course of action. Depending on how title to your sister's house was held, a probate case may need to be opened. Also it's unclear what the legal authority is for guardianship of the minor child. If you need to sell the house to protect the minor child's share of the estate you may not have a lot of time, real estate taxes, the mortgage, insurance, etc. need to be paid on a current basis. See an attorney.

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Answered on 12/27/12, 12:01 pm


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