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What else can I help you with?
What are creditors holding secured claims?
If you signed a Security Agreement, then your creditor has a secured claim on the collateral specified in the agreement.
If all unsecured non-priority claims are discharged can a creditor that was included in the discharge have a judgment lien on a property?
Following your supposition, if he had a lien then he wasn't an unsecured creditor, and if only unsecured were discharged, he wasn't.
If the house was left by an uncle to the woman who was in it with him he has died when does it becomes hers?
The estate must be probated in order for title to the property to pass to the beneficiary. As soon as the will is allowed by the probate court title passes to the beneficiary. However, the estate must be probated and a notice published so creditors can file claims within the statutory period in your state. Once the probate proceeding is completed the beneficiary owns the property free and clear of any claims.
Can a creditor garnish social security in Texas for deficiency after repo?
NO. Social Security income is protected from creditor claims.
How long does a beneficery have to wait to receive their benefits from a will?
Generally the beneficiary must wait until the statutory period for filing claims by a creditor has passed and the expenses of probate have been paid. The period for filing claims varies from state to state. You should feel free to ask the executor for periodic updates regarding the probate process. You can also visit the court and ask to review the file. That way you can see for yourself if the case is proceeding with expediency.
Do you have to hold money in an account for any period of time after the sale of a deceased parents home?
The estate must be probated in order for title to the property to pass to the heirs legally. The court must appoint an executor who will have the authority to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. Probate laws require a notice to be published in the local newspaper to notify the world of the probate proceeding. Each state has a time period during which creditors can make a claim against the estate. The debts of the decedent must be paid before any property can be distributed to the heirs.Once the period for creditor claims has passed the executor can sell the property if that power was granted in the will or if the executor obtains a license to sell from the court. Otherwise, once the estate has been settled and the heirs have acquired legal title to the property they can sell it.You should consult with an attorney in your area who specializes in probate law.
Do i need to set up an estate account for my father if he owned no property or home?
Consult a probate attorney in your area. In most states, there is an 'express' form if there is no real property involved. But there is also a requirement to allow all of the debtors to make their claims.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
If a spouse dies does the sole heir have to file in probate?
Probate is the legal process of settling the estate of a deceased person, specifically resolving all claims and distributing the decedent's property under a valid will. Probate protects the instructions of the deceased, confirms the executor as the personal representative of the estate, protects the interests of family members who may have claims against the estate, and protects the executor against claims and law suits. Once a will has been probated by a court, everyone can rely on its authenticity.In most countries you have to file for probate if the value of the estate exceeds a fixed amount - you need to ask a qualified legal adviser as to the requirements under your countries' laws.
Probate courts and courts of claims are examples of courts with?
Limited or special jurisdiction
What is the name for claims against property?
The name for claims against property is liens.
How does property damage insurance work?
Property damage insurance covers damage to property, usually with exclusions. The insured pays monthly premiums and files a claim for any damage that the property receives. The insurer then sends out a claims adjuster to inspect and come up with a monetary amount for the damage.
