QUESTION
Is a Nursing Home Negligence settlement in IL 1st paid into the Estate? &Can executor/trustee use it to pay debts, prior to distribution to the heirs?
Asked on Jan 29th, 2019 on Estate Planning - Illinois
More details to this question:
My father passed before I as his executor/trustee/Financial POA, accepted a $200,000 settlement in Illinois in the above lawsuit. Dad has both a Will & a Trust, but his settlement is not specifically mentioned in either. I had hoped to pay his delinquent property taxes, & other important bills once this settlement is received by his Estate. As there is currently not enough money in his Estate Account to cover any of the necessary expenses related to processing his Estate & distributing it to his heirs. For instance, his property taxes must be paid prior to selling his house. However, someone told me the settlement money cannot be used in this manner, & instead it will be split & delivered directly to his heirs. So I am wondering if this is actually true?
1 ANSWER
2 Awards
The answer may turn on whether this was a wrongful death action brought by an heir or a negligence action brought on his behalf by his agent under a Durable [Financial] Power of Attorney. If the latter, it is payable to his estate. Your local probate lawyer should advise you. "Someone" often only thinks they know the law.
Answered on Jan 30th, 2019 at 5:04 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.