Legal Question in Wills and Trusts in Illinois

Hello....A good friend and had a will. She left my husband a 4 yr old vehicle that still has $5,000 owed on it. Does the estate pay the balance or do we? After telling the Probate attorney that we will pay the balance if the Estate does not, we were told that it does not work that way and the vehicle may have to be sold. Why is this?


Asked on 7/15/14, 10:56 pm

3 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

Based on your statement, I do not see that what you are being told makes any sense. Perhaps the issues is not solely the debt on the car, but whether there are sufficient assets from which the expenses and claims in the estate can be paid. I suggest you have the information available to you reviewed.

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Answered on 7/16/14, 6:06 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

You need more information. Unless that good friend had other substantial debts which must be paid before any gift could be made to your your husband (or anyone else), it seems unlikely that your husband could not, at least, take the car subject to the loan. However, please keep in mind, the attorney may impose a waiting period on any gifts in order to confirm that no other creditors can be found.

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Answered on 7/16/14, 7:33 am
Virginia Prihoda Law Offices of Virginia Prihoda

In order of priority, expenses of administering the estate have to be paid first. Then, certain creditor claims need to be paid. You will need to ask the attorney for the estate where your husband's legacy fits in the order of priority of items that need to be paid.

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Answered on 7/16/14, 8:28 am


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