Legal Question in Wills and Trusts in Illinois

Small Estate Affidavit

I am the only child of a

divorced couple. My Father

passed and was in the hospital

for a few days and incurred

roughly 40 K in Medical bills. If

I file a small estate affidavit

does that make me liable for

the outstanding hospital bills.

There is no real estate involved

and his assets were a few cars

worth probably 20K total and a

few tools worth maybe 3K. The

small estate affidavit makes

sense but I don't know what

liabilities this opens me up to.

Will the outstanding hospital

bills force this in to probate?

Any help ?


Asked on 3/22/07, 10:08 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Small Estate Affidavit

The hospital can only collect the value of the assets that are in your father's estate. Unless you sign something that personally obligates you to the debt, then they can not collect it from you. Signing the small estate affidavit does not personally obligate you, it simply allows you to administer your father's estate without going to probate.

Good luck to you.

Read more
Answered on 3/23/07, 9:50 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois