Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good afternoon.You are not required to file probate in such a situation.The reality is that the estate is insolvent.It is not necessary here that you do anything.Eventually the Illinois Dept. of Healthcare may file to foreclose their lien.Again they have the right to do that.In this situation you are not required to do anything.If they file probate and/or seek to foreclose lien they woudl appoint someone else as administrator of the estate.Since it is insolvent you need do nothing.You can write creditors including the state and inform them that the estate is insolvent.But legally you have no obligation to do so.The will simply will not be probated because there are no assets to distribute.So overall the creditor has to decide if they want to file probate as a creditor to collect what is due them by a court approved sale.They may notify the heirs if they do so but again you need do nothing here under the law since the creditors will get everything.You would not need to be involved, the creditor will seek to have themselves named as administrator and the court supervises the liquidation of the house and payment to creditors involved.Anytime the person deceases and is insolvent then you simply do nothing about filing probate and see if the creditors do so in order to claim the house and sell it for the debts and taxes against it.This is actually pretty common these days with medicaid.
There is no need on your part to file a disclaimer of inheritance because the estate is insolvent and everything will be sold to pay the creditors and there is nothing to distribute.I appreciate your patience here.It has been my pleasure to assist you today.Please let me know if you have follow up.Thanks again.
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I have already filed a Small Estate Affidavit and a copy of the will with the court. I wanted to be sure that I was OK in clearing out her bank account and paying all funeral expenses and outstanding utility bills. Do I need to do anything further or can I just stop the process by doing nothing else? I recently received a notice from the city of Glen Carbon to the attention of my sister's estate but addressed to me that a tree has fallen which was located on my sister's property and has fallen onto other's property. Do I have to do anything about this? And what about property taxes -- can I just ignore the notices that I receive as well? Thank you,
This makes alot of sense. Thank you very much for you help.
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