debts owed by a decedent

i am in the process of trying to settle credit card accounts owed by my late mother. i contacted the company to tell them about her death. i received a letter back asking for information about executor, lawyer, and probate. mother had no assets other than our home which my sister and i owned with her in joint tenancy and a small life insurance policy that covered burial expenses. my question is what should i tell them in my return letter. she had no will, attorney, and there was no need to send it to probate. could you please provide some guidance. thank you. i live in illinois.

FEB. 12, 2001

DEAR WCACAT:

Tell them there was no will and no probate, and that there are other creditors who will not be paid because the estate is insolvent.

Most companies will probably write off this debt after a few months and will forget about this matter. However, if the company is diligent about doing its research they may find out that she was a homeowner. If they are aggressive enough, they might ask the probate court to have you and your sister sell the home (if it is already paid for in full) in order for you to get the cash to pay this unpaid bill. I don't really think that will happen, but I just wanted to warn you about the possibility.

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