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IL probate law, are family members responsible for other family member's debt

Asked over 3 years ago - Rockford, IL

My mother-in-law has accured ALOT of Debt and pretty much emptied out her 401K. I dont believe she has life insurance. My husband is her only family left (her other son and her husband are are both deceased). My question is...when she passes away, is my husband and i responsible for any or all of her debt? (she is mentally unstable and does not work. She does not own a house but is paying on a car, and has much credit card debt and past due bills.)

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Attorney answers (3)

Gabriel Cheong

Reputation Level 15

Answered over 3 years ago. Divorce / Separation Lawyer in Quincy, MA.

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Note that I am not licensed to practice in your state.

Generally, family members are not responsible for other family member's debts after they've passed. Your husband could be liable however if the debts were in both her and your husband's name or if she fraudulently took out credit in his name.

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Margery Ellen Golant

Reputation Level 18

Answered over 3 years ago. Foreclosure Attorney in Boca Raton, FL.

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Normally, when a person dies, his or her creditors can make claims against the assets he/she leaves, if any. Other family members are not responsible for the deceased person's debts unless the other family members signed or co-signed, or participated in the incurring of the debts for their own benefit.

This varies with state law. I do not practice in your state. Please check with a local attorney,

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