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What else can I help you with?
What should you do if a creditor is trying to collect a debt on a deceased individual in the state of Georgia?
Refer them to the estate of the deceased. The estate has 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.
Can credit card collect legal fees after death?
Yes, the estate of the deceased is responsible for all debts, including the collection of legal fees as allowed by judgment or law.
Can a creditor in collect on deceased NJ?
In New Jersey, creditors can seek to collect debts from a deceased person's estate, but they cannot pursue the deceased individual personally. The estate must go through probate, where the executor or administrator will settle debts using the estate's assets before distributing any remaining funds to heirs. If the estate lacks sufficient assets to cover debts, creditors may not be able to collect anything further. It's important for the executor to notify creditors and manage claims appropriately during the probate process.
In Florida can creditors collect from the deceased's estate when the house is held as a trust?
No.
Do judgments expire if the debtor is deceased?
Judgments do not automatically expire upon the death of the debtor; however, their enforceability can be affected. If the debtor has passed away, the judgment may need to be pursued through their estate during the probate process. Creditors typically have a limited time to file claims against the estate to collect on the judgment. If the estate is insolvent or there are no assets to satisfy the judgment, it may ultimately go uncollected.
Can a judgment in California be used against willed property?
Only insofar as the judgment can be levied against the estate of the deceased. Since it can be assumed that the willed property was part of the estate's assets then it can be liened if there are insufficient other funds in the estate's assets to satisfy the judgment.
If the person dies with a judgment against him are his heirs responsible for the debt?
It will come from the deceased person's estate.
What rights does an executor have in managing the estate of a deceased individual?
An executor has the legal authority to manage the estate of a deceased individual, including distributing assets, paying debts, and handling legal matters on behalf of the deceased person. They must act in the best interests of the estate and follow the instructions outlined in the deceased person's will or state laws if there is no will.
We have a small claims judgment against a person and that person dies how do we collect?
YOU SUE THE ESTATE
A person has a judgment against me and now that person has died is the judgment voided?
It obviously depends on what the judgment was for, and may depend on your particular state laws. Money judgments usually become assets of the estate of the deceased, and the executor or administrator of the estate will have to pursue, abandon or compromise the claim.
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.
Does an executor have to file Form 56 when handling the estate of a deceased individual?
Yes, an executor may need to file Form 56 with the IRS when handling the estate of a deceased individual. Form 56 notifies the IRS of the appointment of a fiduciary to act on behalf of the estate.
