Legal Question in Wills and Trusts in Illinois

Re: Medical bills

Your mother's estate is responsibile for the payment of her medical bills so if there are sufficient funds or assets that can be used to pay them, they will need to paid from them. If taken together all of her bills exceed the value of her estate however you may need to pay them on a prorated basis. Of course only bonafide valid bills should be paid which is something you made need to investigate and there is no rule that says you cannot negotiate a reduction of the amount owed with any creditor.

As for the funds in her employer's benefit plan, these are not usually considered probatable assets, just as any employer-sponsored insurance plan is not considered a probatable asset, therefore these benefits will accrue to the beneficiaries she placed on these plans (in this instance, you and your sister) without being burdened by her previously existing debts.

Should you have any other questions, please feel free to contact myself or Mr. Braden.

Diane Ainsworth

Re: Medical bills

I am sorry for the death of your mother. The children or heirs are never responsible for medical bills of the decedent unless they personally guaranteed payment. Your mother's pension and other employee benefits would not be subject to probate in her estate unless she didn't name any beneficiary. But I gather from the way you put your question that your mother did list you. Assuming you and your siwter are listed as beneficiaries, you will receive that money without probate and free and clear of any obligation to pay medical bills or other debts. If your mother had other assets that needed to be probated, then you may need to open an estate and give the creditors a chance to file claims in the probate estate from which they might be paid. Lots of lawyers, including me, would provide a free consultation if you had a few questions. Good luck.