Your mother died with no estate and all debts were closed What happens if she had a pending lawsuit that was settled a year after her death Can creditors still collect on the settlement money?
If there is a lawsuit that benefits the estate, the estate will have to be reopened. The creditors can make their claims. The court should not have a problem reopening it in this instance. The creditors can force it as well. ...
Gifting of an estate if creditors want to collect can the gifting of an estate stop it and can it be gifted to the offspring. Will the offspring be liable to pay debt of diseased parent.?
Creditors have a statutory period during which they may make a claim against an estate for an outstanding debt. Creditors who file in a timely manner must be paid before distribution is made to the heirs. If there is no estate the heirs are not liable to pay the debts of the deceased. ...
Asked in Credit and Debit Cards, Debt Collection, Debt Responsibility, Publishing, Newspapers and Magazines
Does an estate have to place an ad in the newspaper to notify creditors of the death in South Carolina if the person was a legal resident of Florida when there are no asset other than a 401K?
The estate has to notify all known creditors. If they suspect there are other creditors in the state, they should attempt to find them. Not to do so may cause problems later on. ...
Asked in Probate
What if the individual did not declare bankruptcy prior to death but the estate is bankrupt?
If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck. If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck. If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck. If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck. ...
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. ...
Asked in Probate
Can debt collectors make a beneficiary pay the decedents debts?
The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent. The creditors can file a claim against the estate and the debts of the decedent must be...
Asked in Credit and Debit Cards
Can an administrator enhance the state of the deceased?
under zambian law the administrator is only allowed to collect the property of the estate and distribute to the beneficiaries after paying debt and other creditors. ...
Who is resposible for credit card debt if there is no estate?
The estate is responsible for the sole debts of the decedent. If there is no estate then the creditors are out of luck. ...
Asked in Law & Legal Issues
How is the deceaseds property distributed in case a person dies without a will?
Every state has intestate laws, that outline how a person's estate will be divided if he/she dies without a will, or intestate. ...
Asked in Probate, Deeds and Ownership
What happens to the administrator of an estate with creditors?
The Administrator must file the proper notices that the estate has been filed to give the creditors the opportunity to file claims against the estate. The estate is responsible for the debts of the deceased. Claims by creditors must be paid before any assets can be distributed to the heirs-at-law. There is a statutory schedule by which creditors must be paid. If there are not enough assets to pay the creditors the estate is declared insolvent. The adminstration of an estate is...
Asked in Estates, Probate, Debt Responsibility
What are the creditors' rights on estates without wills?
They have the same rights as they have with an estate that has a will. The creditors file their claims with the executor. ...
Asked in Deeds and Ownership
Can bankruptcy go after warranty Deed with Reserving Life Estate property?
That depends on several factors, especially the time line of its creation, but it may become part of the bankrupt's assets subject to creditors but the creditors may take it subject to the life estate. That depends on several factors, especially the time line of its creation, but it may become part of the bankrupt's assets subject to creditors but the creditors may take it subject to the life estate. That depends on several factors, especially the time line of its creation, but it...
A sibling dies who pays the medical bills?
Her estate is responsible for her debts. That means any property she owned at the time of her death should be paid over to her creditors. If there is no estate then the creditors are out of luck. ...
If your mother dies and leaves no estate are her children responsible for paying her creditors?
A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck. ...
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. ...
How does widow respond to creditors calls if not joint on credit card bills?
Tell the credit card company that the card holder is deceased. They do have some rights in some states to collect the money owed from the deceased's estate. They can sue the "estate" for the money owed. Note: a life insurance policy paid to the widow is NOT his estate. ...
If there is no will how much power does executor have?
If there is no will then there is no executor. If there is no will then the court will appoint an Administrator for the estate and the Administrator will have the power to collect and inventory the property, pay debts and creditors, distribute the remaining estate and sell the real estate if they apply for a license from the court to do so. The law will direct who will get the remaining assets as the legal next-of-kin and how much each...
What happens when no estate and no insurance who pays debts?
The decedent's estate is responsible for the decedent's debts. If there are no assets the creditors are out of luck. ...