No, the property the property passes directly to the remainder persons and is not included in probate procedure nor is it subject to creditor action/attachment. By definition, a Life Estate terminates on the death of the beneficiary. There is nothing to go into their estate.
If you file. It will put a stay on your creditors and they will have to halt there collections. You need to contact a bankruptcy attorney to confirm.
If you signed a Security Agreement, then your creditor has a secured claim on the collateral specified in the agreement.
When a person dies without a will, their property is typically distributed according to the laws of intestacy in the state or country where they lived. These laws determine how assets are divided among surviving family members, such as spouses, children, parents, or siblings. The specific distribution will depend on the individual's family situation at the time of their death.
Verification of the property is what is usually done during the initial securing of unsecured property.
He died intestate so the family divided up his property as it pleased them.
No, intestate property cannot be given to one heir because when a person dies intestate, or without leaving a will, his property is distributed according to the laws of intestacy in the state where he lived. The distribution can only be made by a court appointed Adminstrator. When there is no will, a decedent's property is owned automatically by all the heirs equally. The Administrator has no authority nor power to redistribute the property except by state laws of intestate distribution.
Generally, the laws of the state where the property is located apply. If a person who lives in New York dies intestate owning real property in Massachusetts then Massachusetts laws of intestacy would govern the distribution of the property.
Generally, jointly held property passes automatically to the surviving joint owner. It does not become a probate asset so it is not exposed to creditors. However, the situation changes if the creditor attached the property prior to the death of the debtor. Creditors can attach jointly held property while the debtor is living but if a creditor fails to attach prior to the death of the debtor then the property passes to the surviving joint tenant and the creditor is out of luck.
You initially secure the unsecured properties by verifying the owner of that particular property.
To take (property) by law of descent from an intestate owner. b. To receive (property) by will
You can inherit property by virtue of a will: testate. You can inherit property under the laws of intestacy if there is no will: intestate.
Unsecured creditors ususually sell accounts to a third party. If the ususual means of collection does not get results (phone calls, letters for payment). a lawsuit may be filed. A judgment can result in wage garnishment, bank account levy, lien against property, liquidation of unexempt property. In some instances a lien against a home can be used to implement a "forced sale" of the property, (this seldom happens). EVERY judgment can be appealed.