Am I obligated to pay a claim against my father’s estate if it was sent after the applicable claim period?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.