Credit Card Debt when closing an estate

[Justwanttoknow]

What is the name of your state? Illinois.

My uncle died recently and left his estate to my mother. He had some investments which listed her as beneficiary and he also had about $60,000 equity in his house. My uncle had about $100,000 in credit card debt plus he owed about $17,000 an car loan. When all is sold, I do not see how all his debts can be paid. Will the investments that were left to my mother have to be used to pay debts or are they kept separate from the estate ? Who will have to pay the attorney fees for closing the estate ? Will the credit card debt have to be paid out of the estate before my mother can inherit anything ?

Thank you for your help with these questions

 

[seniorjudge]

What is the name of your state? Illinois.

My uncle died recently and left his estate to my mother. He had some investments which listed her as beneficiary and he also had about $60,000 equity in his house. My uncle had about $100,000 in credit card debt plus he owed about $17,000 an car loan. When all is sold, I do not see how all his debts can be paid. Will the investments that were left to my mother have to be used to pay debts or are they kept separate from the estate ? Who will have to pay the attorney fees for closing the estate ? Will the credit card debt have to be paid out of the estate before my mother can inherit anything ?

Thank you for your help with these questions

Q: Will the investments that were left to my mother have to be used to pay debts or are they kept separate from the estate ?

A: The investments that were left to your mother will not have to be used to pay debts since they are they kept separate from the estate.


Q: Who will have to pay the attorney fees for closing the estate ?

A: The estate.


Q: Will the credit card debt have to be paid out of the estate before my mother can inherit anything ?

A: Your mother won't be getting anything from the estate; it's an exhausted estate. The lawyers, court, taxes, and funeral home will be paid first, then the credit card companies or car loan will be paid off with the balance. When that money is gone, then nobody will get anything more.