QUESTION

If the owner executes a Transfer of Death Instrument and property transfers to the beneficiary, does the beneficiary need to pay the medical bills?

Asked on Apr 01st, 2015 on Estate Planning - Illinois
More details to this question:
The property is the only asset in the estate. Does the transfer empty the owner's estate thereby leaving no assets to pay the medical bills or is the beneficiary required to sell the property and pay the medical bills?
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2 ANSWERS

The new owner has no liability for the medical expenses. It is as if there was a bank account with a TOD. The transferee has no liability to pay the bills of the deceased.
Answered on Apr 02nd, 2015 at 1:19 PM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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Assuming the Transfer on Death deed was properly executed and recorded in accord with Illinois statute, and the owner had the legal capacity to execute the deed, then the transfer is not subject to creditor or medical claims unless it was a fraudulent transfer. That means the transfer on death deed cannot be executed to avoid paying debts to creditors. The deed should be executed before any such debts are incurred. To accept the transfer, the beneficiary must file a statutory notice of death affidavit and acceptance within two years or the property reverts back to the owner's estate.
Answered on Apr 02nd, 2015 at 12:06 PM

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