Creditors have several options at their disposal to recover past-due balances on accounts. These include things like getting the debtor to agree to a payment plan or going through the court to have a paycheck garnished. But, those collections stop when the debtor...
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Creditor Claims
Does a trust prevent creditors from making a probate claim?
When someone dies, their financial obligations do not simply cease to exist. Their debts become the responsibility of their estate. Any assets they have become the property of their estate. The personal representative administering the estate typically has to notify...
How long do creditors have to make probate claims?
People who owe significant debts may spend years of their lives repaying what they owe. Creditors have to balance the desire for prompt repayment with the need to allow debtors to fulfill their other financial obligations. In some cases, people who owe money may die...
When the representative of an estate doesn’t pay a creditor
When someone dies, whatever property they own becomes the property of their estate. Their financial obligations also pass to their estate. The personal representative named in an estate plan or appointed by the courts has to fulfill the decedent's financial...
Pursuing credit claims against deceased parties in California
The death of a debtor can complicate matters for creditors owed money. While the debt doesn't simply disappear, navigating the process of collecting from a deceased individual's estate requires specific procedures under California law. When someone passes away in the...
Can creditors initiate probate proceedings in California?
The California probate courts oversee the administration of people's estates. Family members file testamentary documents with the courts or testify that there are no such documents to guide the process. The courts then help ensure that the administration of the estate...
What happens when estate assets are exhausted?
Dealing with the debts of a deceased individual is a complex and sensitive issue that creditors often face. Understanding the intricacies of this process is crucial, especially when an estate lacks sufficient assets to cover all its debts. When an individual dies,...
What debts have top priority in California probate court?
Those seeking to collect money from an individual may feel concerned about their finances when a debtor dies. After all, someone who has died can no longer earn income to pay what they owe to others. Despite someone's death effectively transferring their assets to...
A loved one left you a home with a reverse mortgage – Now what?
Inheriting a parent’s home can be a mixed blessing. Even if they paid off the mortgage and owned it “free and clear,” it can take a good deal of time and money to get it into shape to sell, use it as a rental property or move in. Additional complications may present...
When should creditors receive notice of estate administration?
When someone dies, numerous parties will feel the effect of their passing. Those with direct personal relationships obviously experience the most profound impact, but those with a professional or financial relationship with the deceased party could also worry about...