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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117459
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I live In Illinois. My mom died June 21st and only has a

Customer Question

I live In Illinois. My mom died June 21st and only has a very small amount of life insurance. My sister and I ae by no means trying to get rich. I have been told if there is no estate I am not liable as executor for her hospital bills
JA: Has anything been filed or reported?
Customer: as in?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No not that I know of just that the nursing homes are of course bugging me to death to pay the bill. one policy is only 17,000 and I haven't even heard if the one on her funeral has paid yet. The main reason I am asking is my sister and I wan to get her a head stone and will need this money to get it.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Illinois
Submitted: 9 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
That is correct, if there is nothing in her estate, no property, minimal bank accounts/investments, personal items, then the estate is insolvent and cannot pay the bills and you as heir/executor would not be personally liable for any of those debts.
Insurance policies, if they actually named a beneficiary would not be part of the estate. If they did not name a beneficiary they would be part of the estate, but the first bills paid are funeral and burial expenses, which would include the headstone, so you would make those payments first and if nothing is left and the hospital, doctors, nursing home are seeking money you can inform them the estate is bankrupt and there is nothing to pursue and if they sue the estate you can simply not answer (if they name you personally, not just as executor, then you have to answer by filing a motion to dismiss you personally as you are not personally liable for those debts).
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