It would not be wrong to suggest that when a person dies with creditors and an estate, they would be required to have competent San Marcos probate attorney. People who have been of the opinion that they would be able to handle this without the assistance of an attorney have been surely asking for trouble. To be honest, a lawyer who would be representing himself should not be representing himself in the court of law for any probate proceedings. It would be out of contention for an individual to represent himself in probate proceedings, especially the one who has no legal training. It would be no less than a disaster recipe. Therefore, when you contemplate on dealing with the probate system, you should be adequately represented and protected by a competent attorney, who complies with the law of the state.
How would attorney handle estate creditors?
When a probate has been opened, it is imperative that a notice should be published in a newspaper. In addition, any creditors you have been aware of should be notified of the death for making them aware about the probate being opened. Creditors usually have the requisite 120 days for filing a ‘proof of claim’ against the estate. The executor would be required to review and assess whether it has been valid or not. In case of a valid one, the executor would be required to pay for it. In case, it has not been valid, then some type of reasonable settlement would be negotiated. This is how all creditors would be handled.
In case, the creditors have missed the deadline, they would not get anything. The court would be adamant that creditors would only receive a specific amount of time for claiming a debt that has been owed to them. Therefore, the court could have the probate administered, assets distributed along with the case being closed. The courts do not wish to be tied up in creditor claims forever. For best attorneys in the relevant arena, you could contact at the below mentioned address.
100 E. San Marcos Blvd. Suite 400 San Marcos, CA 92069
Phone: (760) 720-3800