Am I obligated to pay a claim against my father’s estate if it was sent after the applicable claim period?

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Am I obligated to pay a claim against my father’s estate if it was sent after the applicable claim period?

My father died and his estate is relatively simple. I filed for an informal probate and I am recognized by the court as the executor. I published a notice to creditors in my newspaper stating claims against the estate must be filed within 4 months. I received a bill from a creditor in month 7.

Asked on May 5, 2012 under Estate Planning, Montana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I am assuming her ethat the 4 months that you gave is the statutory time period with in which your state bars caism after proper notice is given, correct?  This is really a fact specific issue.  If this was a known creditor to you at the time that you published then you had an obligation to give this creditor specific notice of the right to make a claim against the estate.  Also, if the creditor can prove that they did not receive notice then they can still make the claim.  Courts will generally cut them off in a year or so thinking that that is enough time to allow a creditor to collect a debt.  You could be personally liable for the debt so be careful here.  Good luck.


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