Legal Question in Wills and Trusts in Illinois

If a widowed parent dies but doesn't name a child to inherit the property, who's responsible for the parent's credit card debt? Can the credit people go to court and take the house?


Asked on 5/11/15, 3:01 pm

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

The parent's estate is liable for the parent's debt. The credit card company can file a claim against the estate. The child(ren) should contact a probate attorney to discuss the options.

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Answered on 5/11/15, 3:14 pm
Henry Repay Law Offices of Henry Repay

The debt belongs to the parent. The heirs or those otherwise inheriting are not responsible to pay the bill from their own pockets, but anything they stand to inherit is subject to the payment of claims. Assuming the parent was the only one on title to the house, it would be part of the estate and may be subject to satisfaction of the debt if there are no other funds in the estate from which expenses and claims can be satisfied. Get the advice of a probate attorney in the area in which the parent lived.

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Answered on 5/11/15, 5:52 pm


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