Legal Question in Wills and Trusts in Illinois
in the state of illinois when someone dies who is responsible for outstanding debt and what are their options
1 Answer from Attorneys
It will usually depend on whether anyone other than the decedent had any obligation to pay the debt. For instance, if a credit card is held in joint name, then the survivor would be responsible for the balance.
On the other hand, if the decedent is the only person on the credit card account, then his estate would be the only party that might be obligated to pay the debt.. If the decedent died without having any assets, then no one would be responsible in this instance.
In addition, there are some obligations that the family (spouse, parents of a dependent child) may have, such as medical and funeral expenses.
Since I have not reviewed your particular circumstances, this answer does not constitute legal advice. You should consult with an attorney who can review the debts and make a determination as to whether you or anyone else are responsible for any debts of this person.
Good luck to you.
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