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Probate and Estate Litigation Blog

Estate probate and creditor claims

When a family member dies, their estate may wind up in probate. The probate process in Minnesota can be complicated and involve many different interested parties. One of those parties may be creditors.

When an estate is in probate, there is often a personal representative that represents the estate's matters. The estate representative has many issues they need to deal with in order to settle the estate. Creditor claims may be one issue that needs to be dealt with. If an executor decides not to pay certain creditors, those creditors may go to court. Creditors can also dispute the priority of payments, disallowance of their claims and allowance of other creditor's claims.

Because of the complicated nature that creditor claims may imply, a legal professional who is skilled in probate disputes may be a good resource. An attorney has the experience necessary to help a personal representative deal with creditors. They can help their client by advising them when creditor claims can be brought against an estate and inform them of exceptions to claim deadlines. They also let the personal representative know who needs to receive notice of the probate and whether claims can be disallowed. They can also help determine if enough assets exist to pay the creditors and, if not, can advise on what creditors need to be paid first. They also have experience in advising personal representatives regarding exempt and nonexempt property in Minnesota.

The probate process, including estate valuation, can be complicated for families and estate representatives. Having experienced legal help is important to make sure the process goes as smoothly as possible.

Source: Legal Zoom, "What Happens When a Claim Is Filed Against a Probated Estate?," Beverly Bird, accessed on Nov. 11, 2017

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