The majority of Americans are taking their debt to the grave. As debt increases, so do the problems creditors face in probate and trust litigation. Many Californians think of enjoying their golden years with no more mortgage, student and car loans or credit-card...
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Creditor Claims
Collecting debts after a debtor dies is complex
When a creditor learns that a debtor has passed away, there are several things that might happen. Some creditors might just forgive what’s owed, but this might not be possible in some cases. Creditors will sometimes opt to pursue a claim against the decedent’s estate....
How can you bring a claim against an estate as a creditor?
It's easy to put off aggressively collecting on a debt. As a business, you may not want a lawsuit or similar aggressive collection activity to damage your brand and reputation. As an individual owed a debt by another person, you may just expect them to make good on...
Most people are still carrying significant debts when they die
People often think of their golden years as years when they will live beyond their debt. They’ll have paid off their homes, saved for retirement, finished paying back student loans, etc. They’ll be done living with debt or living from one paycheck to the next. That’s...