Legal Question in Wills and Trusts in Illinois

My exhusband passed away a few weeks ago. He was not remarried and left a minor child. He has a mortgage and around 2000 in debt. He ownes two vehicles and a VERY small amount of money in his account which would not even cover the debt. What can I do. I'm in Illinois. Thank you

Asked on 10/26/11, 11:43 am

1 Answer from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

If you opened a probate Estate for your ex-husband, his child would receive an award of $10,000 from your late ex's assets, after the payment of certain classes of expenses (e.g., funeral expenses, attorney fees, accountant fees). Most other debts would be extinguished due to the lack of assets, although there are a few complicated exceptions to this rule.

However, if he died with less than $10,000, it might not be worth your time to pursue a "Child's Award," and you might want to just step aside and let creditors descend on what remains of his assets.

To fully evaluate your options, contact an attorney. Feel free to call me for a free consultation.

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Answered on 10/26/11, 11:53 am

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