Legal Question in Wills and Trusts in Illinois
how long creditors can go after estate
My aunt's estate was closed on 4/30/06. the executor received a letter dated 6/14/06 asking for money owed. This was from a credit card company. They never filed with the court while in probate and the lawyer told the executor to pay out the estate. There is no money in the account so it was closed. How long does the credit card company have to file to get it's money. Every other credit card company went to probate to show they were owed. we did not now anything about this company. If we pay who is responsible to pay? the executor or the people who inherited?
1 Answer from Attorneys
Re: how long creditors can go after estate
The answer to your question depends on whether there was a proper publication to creditors made during the administration of the estate.
If there was a probate estate opened, chances are the court would have required evidence of publication in order to close the estate.
If the claim was made after the "claims barred" period, the estate does not owe anything to the creditor. However, if the representative of the estate had notice of the creditor and debt owed(by receiving an invoice, contact by telephone), then the claims period may be longer and the estate may owe the money.
Your best approach is to have the attorney for the estate review the demand for payment to respond in an appropriate manner. He/she should be able to tell whether it is a valid claim.
Good luck to you.
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