That period varies from state to state. You would need to check the provision of your state laws.
Of course they can! Any creditor can place a claim against the estate. That is how they get paid the money the are owed.
Yes, but the creditor must be familiar with the rules. There is a specific time after an estate is filed during which a creditor can make a claim. You must file proof of your claim at the probate court where the estate was filed. If you follow the rules, your claim will be paid prior to any distribution of estate assets to the beneficiaries.
Yes, they can. Often a creditor will file for an estate so they can collect their money.
After the applicable statute of limitations runs (typically four years on a credit card debt), the creditor will have a tough time collecting. If the creditor sues, you have to plead statute of limitations as an affirmative defense, but it is a good defense. ==Additional Answer== In some states there is a specific statutory period during which a creditor can make a claim against an estate. In Massachusetts, for example, once an estate has been filed for probate a creditor has one year to make a claim. After that period the creditor is barred from trying to collect from the estate. Check your state laws. If there is an executor then the estate must have been filed in probate court. If the creditor has already filed a claim against the estate in probate court then the claim will need to be paid before any disbursements are made from the assets of the estate. The creditor will not need to bring suit to collect and the claim filed will preserve its right to collect.
You must file a claim against the estate of the deceased with the Probate Court of the county in which the will is being probated. This procedure may vary from state-to-state and you may find it necxessary to file a lien against their real estate and/or personal proerty to bring the fact that you are a creditor to the attention of either the Executor of the estate or Probate Court
If this is involved in a probate case, it normally means that the administrator of the estate of the deceased has taken action to pay off an outstanding claim that was taken out by a creditor. It's a receipt of sorts, that provides proof that the creditor has been paid.
That is the entire purpose of having an estate. The estate needs to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
The responsibility of your mother's estate to pay her ex-husband's judgments would depend on various factors such as the terms of their divorce agreement, any existing court orders, and the laws of the jurisdiction in which the divorce took place. It is advisable to consult with a lawyer who is knowledgeable in probate and family law to understand the specific circumstances and determine the estate's obligations.
Generally, your creditor(s) may petition the probate court to commence a probate proceeding for your estate if you have left any assets. Then, the creditor can file a claim against the estate. If you die with no assets in your name, your creditors are out of luck.
The estate is responsible for the debts of the decedent. The property should be returned to the creditor if possible. However, if the assets cannot cover the debts the estate is declared insolvent and the creditors are out of luck.
Answer: Your estate is responsible for all of your debts when you die. The assets don't always cover the debts but any creditor can file a claim against the estate for money you owed them.
The lending institution can place a claim for payment against the estate.