Wednesday, January 2, 2013

That Would Be Too Easy!

Jack is publishing a legal notice about opening the probate of his mother’s estate in a local newspaper.  That publication starts a six-month clock ticking for creditors to make any claims they have for money his mother may have owed them. 

If they don’t make any claim within the six months, then they are forever barred from trying to collect the money from his mother’s estate or her heirs. 

It sure would be easy for Jack if publishing notice was all that was needed to bar any late claims.

But this is probate, and there is more required to protect creditors’ rights to be paid for valid bills than publishing.  Otherwise, all creditors would need to scan all legal notices in every newspaper all of the time to be sure they didn’t miss someone’s death and so get stuck not being paid what they earned.  That would be burdensome and impractical. 

So, Illinois law provides that as executor, Jack must also mail or deliver a written notice to each creditor he can reasonably find out about.  So what would be a reasonable search for creditors?  We’ll discuss what the courts have decided about that in our next column.

In an effort to be balanced and orderly, probate laws have protections for heirs and for creditors.  For help following probate procedures in your situation or to plan your estate to minimize probate, call our office at (815) 436-1996 for an appointment.  © 2012 Gruber Law Office, Ltd.


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