Tuesday, October 8, 2013

Collecting Consents

Jill has been appointed independent executor of her father’s estate.  She has sent out copies of her accounting and proposed partial payout to all of the seventh class creditors.  Now she is waiting to receive consents from each of them before sending checks to them.

The consents she receives will make the probate court’s job simpler in approving the closing of the estate.  The court will have written evidence that all matters have been taken care of. 

And it is helpful to Jill to receive those consents before she pays any amounts to any seventh class creditors, so she knows that there will not be any last minute objection to some aspect of her accounting or her way of arranging the creditors into classes. 

And it puts pressure on the creditors to consent in order to speed the planned partial payment of their claims.  Until all agree, Jill will probably be unwilling to pay any of them without an order from the probate court. 

Creditors who have already been paid everything Jill is willing to pay (given her understanding of the probate laws) are more likely to object than creditors wanting to be sure they at least receive some payment on their claim.

For advice about proper after-death legal procedures, either with or without probate, please call our office at (815) 436-1996 for an appointment.  ©2013 Gruber Law Office, Ltd.


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