Legal Question in Wills and Trusts in Illinois
What is included in a "payment of debts" clause in a will?
Asked on 2/15/11, 9:35 am
1 Answer from Attorneys
Gregory Turza
Law Offices of Gregory P Turza
I would have to see the entire clause but basically it is any legitimate obligation the decedent had at the time of his death. This usually means expenses of last illness, credit cards etc. But you should be careful not to over-pay. For example most student loans are extinguished at death. Many creditors will settle their claims for less than the full amount. If the debt is secured then there are other considerations. Many homes today are "underwater" i.e. the debt is more than the value of the property. If you need assistance you can find us at www.legacylaws.com.
Answered on 2/15/11, 10:29 am