Legal Question in Wills and Trusts in Illinois

My father had medical bills of over $10k related to his illness that I personally pad to lessen his stress because he didn't have money to pay. He has since passed away. His estate only has his house in it and isbeing left to a friend. I also paid his funeral expenses. I am the executor of estate. Can we sell house to get expenses paid then any $ left would go to his friend

Asked on 10/16/16, 4:25 pm

3 Answers from Attorneys

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

Generally, the estate first covers the decedent's debts and then whatever is left is distributed per will. It sounds like you would be a creditor of the estate entitled to be paid. Also, as executor, you are entitled to hire an attorney to represent and advise you. This is the type of specific question to ask your counsel.

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Answered on 10/16/16, 5:01 pm
Virginia Prihoda Law Offices of Virginia Prihoda

I believe that handling your father's estate is one of those "don't do these at home" situations, meaning that hiring a professional to help you will be well worth the investment of time and money. Furthermore, attorneys fees are an expense of administering the estate, to be paid off the top before distributions are made to heirs, beneficiaries and creditors. The legal fees should not come out of your pocket. Hiring an attorney will make your job easier and protect you from personal liability resulting from paying the wrong amounts to the wrong parties.

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Answered on 10/16/16, 6:06 pm
Henry Repay Law Offices of Henry Repay

Great answers already posted. I agree you should be paid, but you may face issues documenting that you are entitled to be paid. As the representative of the estate, as already mentioned, you should have an attorney providing counsel.

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Answered on 10/17/16, 7:44 am

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