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Father's sudden death and questions on probate

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L

LuigiIllinois

Guest
My father passed away on July 10 in Illinois. I am in the midst of going through his effects, and came up with several questions. My mother passed away in 1981.

I found a will that he and my mother put together in 1979. It was never updated. My mom is named as the heir, and his brother as the executor of the estate. He does have provisions to leave the remainder of the estate to my sister and I in the event that she preceded him in death. However, most of the items listed in the will are long-gone, and he sold the house to my sister four years ago. He did have a $10,000 life insurance policy that basically covered the cost of the funeral.
He also has about $15,000 in debt. I am in the midst of notifying these creditors.

Here are my questions:
1. Will we have to go through probate court?
2. What should I do with the will? Is it still valid?
3. What are my responsibilities to his creditors, outside of notifying them he has passed away?
4. Can his creditors go after the life insurance money?

Thanks for your help!!
 
Last edited:


L

loku

Guest
Here are my questions:
1. Will we have to go through probate court?
If the estate is valued at less than $50,000, you can use the procedure for a small estate, see 755 ILCS 5/25-1 at http://www.legis.state.il.us/ilcs/ch755/ch755act5articles/ch755act5Sub25.htm

2. What should I do with the will? Is it still valid?
If there is no intervening will or marriages and if the will was originally valid, the will would still be valid. See the link above to the small estate law for what to do with the will.

3. What are my responsibilities to his creditors, outside of notifying them he has passed away?
The creditors have priority. They must be paid before any property is distributed. However, if the estate is less than the amount owed to them, then no one is liable for the excess.

4. Can his creditors go after the life insurance money?
I think not, besides funeral and administration expenses take priority over creditors.
 

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