Creditor Claims Asserted Through Probate

When a loved one dies, they will likely leave a debt of some sort. If the death was unexpected, the debt can be a tremendous burden on the estate. A probate attorney can help resolve debt in a way that favors the heirs. Like a bankruptcy, probate has deadlines that dictate how and when a creditor’s claim must be filed. Each debt must be treated separately. Deadlines will extinguish some of these debts, but not all. A probate attorney can help you determine which debt might be extinguished using probate deadlines. The first defense against creditor claims is providing notice and seeing which creditors respond in a timely fashion. Many simply fail to meet the basic deadline. Creditors who do meet the deadline frequently fail to provide basic documentation supporting the claim. As such, demand for documentation, including a deadline for response, starts the clock and opens the door to a rejection of the claim for cause. Many creditors do not follow-up on either the…

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