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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30303
Experience:  Texas lawyer for 29 years in Estate law
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I am executor of my sisters estate. The only asset she had

Customer Question

I am executor of my sister's estate. The only asset she had was a piece of real estate which is virtually worthless and upon which the State of Illinois Dept of Healthcare and Family Services has placed a claim ("a sixth-class claim") for approx. $87K against the real estate for medical and other support to the deceased. The will directs me to sell the property and distribute the proceeds 45% to me, 45% to a neighbor and 10% to another friend who has since passed. I do not want the property, it will be impossible to sell with the claim against it and I want to know how to reject my bequest and how to close this estate without going through the process of putting the property up for sale.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

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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Customer: replied 1 year ago.

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,

Expert:  RayAnswers replied 1 year ago.
Thanks for the follow up.I would write the court here and advise them that the estate appears to be insolvent.I would not pay anything here.You can notify the court that there is a bank account and the approximate balance.You can ask in your letter if the court would allow you to pay the balance into the registry of the court.That way any creditors can fight it out here. ,



Something like.

Honorable Judge XXXXX XXXXX
Address

Re:Estate of...

Dear Judge Smith,

This letter is to adivse you that a small estate was filed in the estate of ...It has become apparent that the estate is insolvent and that there are multiple creditors.I am asking if it is possible for you to allow the payment of the small bank account into the registry of the court so that the court can determine what creditors should receive the limited funds.It is apparent here that the debts and taxes are going to exeed any assets.

Please advise me if this is possible to pay in the balance of funds under the deceased's name into the registry of the court.

I am also asking that I be allowed to resign as executor of the estate given this situaiton.

Sincerely yours,

Your name executor

Something along these lines here, fee free to modify the sample form letter.

To me since you have already filed te affidavit and there is a bank account this is the easiet way out of it.The court really needs to decide what creditors get paid since there are multiple creditors and this would get you out of it.

Thanks for the follow up.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30303
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 4 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

This makes alot of sense. Thank you very much for you help.

Expert:  RayAnswers replied 1 year ago.
You are so welcome and thanks again.

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