Legal Question in Wills and Trusts in Illinois

Is the personal representative or executor personally responsible for any unpaid debts & expenses if the decedent's assets are depleted?


Asked on 8/28/09, 10:54 am

1 Answer from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

No. If the estate is insolvent then creditors just receive a pro rata share of what's left. Keep in mind that Illinois uses a classification system for different types of creditors so the executor has to properly classify and account for the assets. Also, expenses of administration, including executor and attorney fees and funeral expenses, come off the top before regular creditors are paid.

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Answered on 9/02/09, 11:06 am


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