Tuesday, January 8, 2013

Searching Diligently

As Jack learned last week, publishing notice to creditors warning them to file claims for any debts his mother owed them is only a start in probate.  He must also mail or deliver a written notice to each creditor whose name and address is known to or is reasonably ascertainable by Jack.

As with many legal issues, it is not so easy to say what exactly it takes to show a proper, diligent search for creditors.  But the U.S. Supreme Court says it would include many tasks, such as:  a timely search of Jack’s mother’s home, office, and safe deposit box; an investigation of the books and records uncovered by the search, including tax returns; and asking her relatives, acquaintances, business associates and professional sources who may be good sources of information.  

Another information source is to order his mother’s credit report, which is also useful for other reasons that we will talk about in a future column. 

The job of the personal representative, or executor, in a probate estate is not perfectly defined, and it is not always easy.  But every step is necessary to have a truly final, recognized end of matters to allow distribution to heirs. 

For help to successfully follow probate procedures in your situation or to plan your estate to minimize or even eliminate probate, call our office at (815) 436-1996 for an appointment.  © 2013 Gruber Law Office, Ltd.


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