Gardena, CA asked in Probate and Real Estate Law for Illinois

Q: My mom died December 15,2017and i am the the only sibling ,her sisters had remove and closed all heraccounts etc and

wil not release the unit key and the mortgage is two months behind and the property is in probate do i have to pay the morgage ?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: I am sorry to hear of your loss (I assume last year).... There are gaps in what you've posted that make it impossible to answer this question definitively, but IN GENERAL heirs are not responsible for the debts of the estate unless they WANT to take responsibility for them.

You are clearly in a situation where you need to hire a local attorney however. Has someone begun probate? Is the 'unit' (I assume a condo?) in probate, or was it jointly owned? Was there a will/trust? Who has signed the mortgage? MANY unanswered questions, and frankly, this forum is not the best place to get into such detailed facts. If you think you should inherit something or WANT to inherit, then you really need to hire a local licensed attorney to help you navigate the process. Good luck.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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