Legal Question in Wills and Trusts in Illinois

Re: no will was left only a house do i have to pay any of the credit cards

Any debts of your uncle would be satisfied only from *his estate*, if any. No other individual would be personally liable for his debts. His estate consists of any assets or property titled in his sole name. If his home is titled in his sole name, then it would potentially be subject to creditors claims, and a probate estate would need to be opened to transfer title on the house or sell the house, and to deal with potential claims. I would generally recommend that claims not be paid until the probate estate is opened and statutory notice is given.

If your uncle left no will, his estate would pass to nephews and nieces only if he left no surviving spouse, children, parents or siblings (or if a sibling is deceased, leaving children).

If I can be of assistance to you in this matter, feel free to give me a call at (847) 991-2250.

Re: no will was left only a house do i have to pay any of the credit cards

It depends on how you get the house. Is it because your name is on the deed, or is it because you are your uncle's only heir? If you name is on the deed, you likely will not have to pay his debts, except to the extent that those debts are liens on the house. If you are receiving the house as your uncle's heir you may have to notify the creditors of the death and give them an opportunity to file claims. This would be done in the context of appropriate probate proceedings. If after giving the creditors appropriate notice, no claims are filed, you can seek to have the claims barred by the probate judge. The probate proceedings will likely require the use of an attorney. Call me if you wish. Larry Stein (630) 221-1755.

Re: no will was left only a house do i have to pay any of the credit cards

How do you know you get his house?

If you owned it with him as joint tenant, or you are successor beneficiary of a land trust, you will receive free of credit cards or other debt (except liens directly on the real estate).

If you expect to receive it as his only heir, your title is not perfected until the estate goes through probate. In such case, creditors including credit cards are notified and have to be paid from the estate.