Knowing that someone owes you money, you send them letters and call them to keep them informed. You take steps to make sure that they realize they owe you that debt, and you do your best to collect it. What about if they pass away, though? Now, you’re going to need to...
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Creditor Claims
What happens to creditor claims when estate assets run out?
Some people die in the same way that they lived. They have more debt to repay than assets to cover those costs. If there are co-signers for any of those debts, creditors can continue to pursue repayment from the co-signers. Otherwise, an estate claim is necessary to...
If someone dies owing you money, can you make a claim?
If someone you know passed away while owing you money, you may be able to collect on that debt by making a claim against their estate. While many individuals won’t do this because what they’re owed is minimal, you have a right to do so. You lent money or assets, so...
Collecting credit card debt after the debtor dies
After someone in California dies, it is very common for them to leave behind significant credit card debt. Then the credit card company must decide whether to pursue a claim on the debt. Because California is a community property state, if the deceased is survived by...
How to handle creditor claims on a California estate
There's a common misconception that a person's death eliminates their need to repay their debts. This isn't the case, though. A person’s death does not do away with creditor claims for business or personal debts. Creditors must act quickly to avoid losing out on the...
Americans are getting buried in debt
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...
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...