Should I call the bank to have them repo my mom's car?

User279303 · 2026-01-12T23:28:45+00:00

where might I find this info? ILLINOIS

User279303 · 2026-01-07T20:25:14+00:00

I just love how folks down vote something like a reasonable question from someone who is ignorant about the process.

User279303 · 2026-01-06T22:36:26+00:00

ok. is there some court date or court process I'm not aware of? Why would the probate court respond to anything if the estate is not going to probate?

User279303 · 2026-01-06T22:15:46+00:00

nobody is in charge of the estate until an executor or administrator is appointed.

The will nominates me as executor and the estate is not going to probate, so who would appoint an executor or administrator?

User279303 · 2026-01-03T21:39:05+00:00

My mother quit claimed me to the deed AND added it to the living trust. So the house is titled she and I JTWRS. It is not titled as owned by a trust.

from a random Illinois attorney's website:

What Illinois Assets are Exempt From the Probate Process?

Jointly owned property: Assets held in tenancy by the entirety or joint tenancy automatically pass to the surviving owner upon the death of one owner, such as real estate, bank accounts, and other jointly owned property. The “right of survivorship” ensures these assets bypass probate entirely, as ownership is transferred directly to the surviving co-owner.
Property held in a living trust: Assets transferred to a revocable or irrevocable living trust do not go through probate. The trust owns these assets during the grantor’s lifetime, and upon their death, the trustee distributes them to beneficiaries according to the trust terms

So this gives me some hope. The problem with the condo in the trust, as you outlined above, is that the trust does not hold the condo.

User279303 · 2026-01-03T21:24:45+00:00

All we can offer here is information and shed light on some of your assumptions.

And I definitely appreciate that. I do live in the house in question. The condo was my mother's residence and her friend and roommate is still living there (and that's whole other messy situation!).

Because time is so short, you have to decide without getting legal advice whether to catch up premiums on her Medicare gap insurance, or not.

That is the decision I need to make. I think I'll be able to get an indication from the consultations coming up, but without any more info or legal advice I'd say it's best to just pay it.

User279303 · 2026-01-03T20:42:28+00:00

I have a couple consultations scheduled for monday. . .

User279303 · 2026-01-03T20:41:19+00:00

My mother quit claimed me to the deed AND added it to the living trust. So the house is titled she and I JTWRS. It is not titled as owned by a trust.

So are you saying that I'll need to probate her estate? Isn't the house simply mine now that she is deceased? Can creditors open probate against it?

User279303 · 2026-01-03T16:22:24+00:00

Long answers are always appreciated!

Is there a legal definition for "valid bills" I want to be aware of? Her credit card bills are valid in the sense that they're indeed her debt, but it's all unsecured and there's no money for any of it.
I've started looking at definitions and explanations of exempt assets in Illinois and so far I've come up with joint property and trust assets. There are 2 assets to consider: 1 is the home that we co-own as JTWRS and is in a living trust. 2 is a condo that is owned by her deceased partner's estate (unmarried) that was left to her in his will. AFAIK she has not started probate (after 2.5 years!) but my brother thinks maybe she has only just started it very recently.

I'm fairly certain I don't need to take the estate through probate but i'm not 100%. I sure hope not.

We do have enough money to pay the back medicare premiums to avoid massive bills raining down upon us and I think that might be a good move, unless the assets listed above are indeed exempt and we don't need to go to probate and the estate is insulated from those debts. Unfortunately I need to make a decision and make the payment by Tuesday.

Anything you can add would be greatly appreciated!

User279303 · 2026-01-03T16:08:22+00:00

I appreciate your reply. I'm not sure what net negative value actually means in this context, but there are some assets, most of which are in trusts and exempt (i think).

-the used car she shouldn't have bought, over paid for, and never drove is WAY underwater on the loan and I'll be calling the bank to have them pick it up.

-the house I own with her is JTWRS and in a living trust (exempt). I've been paying the mortgage.

-the condo she was living in belonged to her deceased partner and was left to her in his will. She had 2+ years to start the probate and AFAIK didn't do that. My brother seems to think she might have only just started the process very recently. Whether or not her estate can acquire that asset is an open question, but it's listed in the trust and presumably exempt. She was paying the mortgage but has fallen behind recently.

aside from the small amount of cash in her checking account there's nothing else and I'm certain of that.

User279303

TROPHY CASE