Legal Question in Wills and Trusts in Illinois
Sister had no will
My divorced sister died last year. She bought a townhouse about six months before her death and still had a mortgage on it. My parents and I have since been served with papers that we are being sued as heirs because the townhouse is going into forclosure. My sister did not have a will. My family does not have the resources to pay for the home. We do not want to be penalized for my sisters death, either. What are our options and what is the law or regulations regarding this type of situation?
Sincerely,
Help neede in Illinois
1 Answer from Attorneys
Re: Sister had no will
You don't have to pay. You have no personal liability for this debt. However, your sister's estate does. If there is time, your best bet is to sell the property and pay the loan off from the proceeds of the sale. If there is any excess, that would go to her heirs. If there isn't enough money, you might be able to talk the lender into accepting what is called a short sale, where they would take less than is owed. Let me know if you have any questions.
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