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Yes, in fact it is the obligation of the estate to collect all valid debts owed to the decedent. Debts owed to a decedent are considered assets of the estate. The estate's representative has authority to demand that all debts owed to a decedent be paid to the estate. If the debtor refuses to pay, the estate representative has legal power to sue to collect those debts if it has to do so.
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∙ 16y ago
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Must an unwritten debt to deceased parents be paid by a daughter to the estate in irrevocable trust?
In reality, if there is no written proof of the debt, the estate cannot collect.
Does the executor of an estate have the right to collect an unpaid debt owed to the estate?
Yes they certainly do have that right. That is the entire purpose of opening an estate, to collect all assets and pay all debts.
Can a mortgage company pay off the credit card debt for a deceased person several years after they died and then demand the money from the estate?
Yes, that is the reason there is an estate, so that anyone that has a claim can make it and collect.
Can a creditor still collect a debt after an estate has been closed?
If the estate was duly probated and is now closed then the creditor is out of luck. When an estate is probated a notice is published and the creditors have a certain time period during which to file a claim with the probate court. That time period varies from state to state. If that time period has passed the creditor cannot collect.
How can a business collect debt?
A business can collect debt by getting a collection agency to collect the debt. A business could also take it up in court or by putting a lien on the debtor's property.
Can an estate collect a debit?
Certainly, the debt is considered an asset of the estate and must collect it.
Must an unwritten debt to deceased parents be paid by a daughter to the estate in irrevocable trust?
In reality, if there is no written proof of the debt, the estate cannot collect.
How you collect a judgment from the estate of a deceased individual?
contact the executor of the estate and file to collect it from the estate. you have to notify the estate of the debt. Depending on the state, most must be filed with the estate within 4 months of the said death.
Does the executor of an estate have the right to collect an unpaid debt owed to the estate?
Yes they certainly do have that right. That is the entire purpose of opening an estate, to collect all assets and pay all debts.
What happens when a person dies and is owed money by a relative?
If the debt is evidenced in writing it is the obligation of the executor to collect the debt owed to the estate.
How do you collect money owed from the deceased?
You must have written proof of the debt. If you do, you can file a claim against the estate as soon as the estate has been filed in probate.
A creditor won a judgment against me and the estate of my marriage for a debt incurred prior to my marriage can my husband's wages be garnished to collect on this judgment?
If the husband was not liable for the debt, then his wages cannot be garnished to collect on the judgment. The judgment is against the person who incurred the debt.
Are you responsible for paying the debt your deceased mother owes to the Department of Education?
No, but if she left an estate they may or may not collect it from it. But not you
Is there a time limit for creditors to collect a debt from a deceased in Ohio?
Yes, after the estate has been probated, the time has expired.
If a person dies with no estate in California can a credito collect from the survaiving spouse?
A creditor can collect a debt from the surviving spouse under certain circumstances in a community property state. Usually, the debt has to have been accrued during the marriage.
Can you open probate to collect a debt from an estate?
No, you cannot open probate solely to collect a debt from an estate. Probate is the legal process by which a deceased person's assets are distributed to beneficiaries and debts are paid. However, if you are owed a debt by the deceased, you can file a claim against their estate during the probate process to receive payment.
Can you collect a debt when the person is deceased and has no assets in the state of Ohio?
You can apply to the estate for your money. If there are no assets in the estate, you aren't going to be successful. Consult an attorney in your jurisdiction for help.
