Tuesday, April 22, 2014

More Probate Protection

The last time we checked on Luke’s estate, Sue, his only child and the executor of his will, published notice of the probate to creditors in the newspaper as required by the court.  Plus, she sent copies of the notice to all of Luke’s creditors she knew about.

That system is partly to be sure that her father Luke’s rightful creditors get paid from his estate.  However, it also can protect Sue from inaccurate or fraudulent claims of creditors. 

In order to be assured of being paid, each creditor must file a claim saying how much Luke owed to the creditor and what the bill was for.  After she receives the claim from the creditors, Sue can review them all.  If six look right in light of what she knows from previous bills or conversations with her dad before his death, Sue can tell them that she will pay them. 

But one of them came from “nowhere” so far as Sue can tell.  In probate, Sue can challenge that claim before she would have to pay it.  The feng shui consultant submitting a $20,000 claim would have to prove his claim to the probate court if she challenges it.  We’ll talk more about why she thinks the consultant cannot prove his claim in our next column.

For advice on taking care of a deceased family member’s bills and assets, call our office at (815) 436-1996 for an appointment.  © 2014 Gruber Law Office, Ltd.

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