My daughter died four years ago with no will, so her estate is being probated using the State of Illinois will.

She left a son and husband. Her son received court papers today showing he has conducted business through the estate. The bank now wants paid and the son is being taken to courit to pay her debt--a building she and the husband had a mortgage on. Is this legal? Her son knew of the building but made no decisions on the several revisions of the mortgage since his mom died. He received no income from the use of the building. Can an executor legally conduct business as he has been doing?
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Answers (2)

Henry Repay

Henry Repay

Contributor Level 6
The facts you have described need to be developed in a face to face conversation with an attorney. This does not sound like something on which you can go it on your own. You may only need a better explanation of the paperwork you received.

I assume you are stating that there was not a will and that the estate is being distributed under intestacy, meaning half of the probate estate to the spouse and half to the child (if there is anything available for distribution). If instead, you are referring to a will that your daughter had prepared in the State of Illinois, then the terms of the will need to be known.

If the estate cannot cover the decedent's bills, the heirs should not be personally responsible for the debts. With rare exception involving some wrongdoing, the heirs should not be putting their own money into the estate.

Is your grandson being asked to pay or is he receiving notification of something that will be paid from the estate? Has he previously received distributions that should have been used to pay obligations of the estate? Did your daughter give him money before she died that can be considered as having been done to avoid creditors?

There are numerous questions. Try to sit down with an attorney. Perhaps find someone who offers a free or low-cost initial consultation. Make sure to bring a complete file of documents. If you do not have everything, get copies at the courthouse before meeting the attorney.
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Paul A. Smolinski

Paul A. Smolinski

Contributor Level 4
I think that Mr. Repays' answer is excellent. It is very difficult to conceive how the grandson can be held personally liable for his mothers' legal obligations. However, if the grandson has been named as the administrator of the estate, then perhaps he was served in his official capacity. I would assume that the daughter's husband is being sued too if this is a foreclosure action.

There are some missing facts here. In order to give good advice an attorney would want to see the documents related to the scenario. It would make sense for the grandson to make an appointment with a local Champaign attorney as quickly as possible to protect himself and/or the estate.
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