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Claims Against an Estate or Trust

After a person dies, if they have Trust or Will, the trustee/personal representative should publish for claims. Publishing for claims limits the time period for creditors to file a claim against the Trust or Estate.

If a creditor files a claim and the personal representative or trustee (within the appropriate time period) files a disallowance, the creditor must file a lawsuit within 63 days. If the creditor fails to file within this very limited time period, their claim will be dismissed.

Recently, our firm discharged a hospital debt of more than $95,000, when the creditor filed their lawsuit 1 day late.

It is very important as personal representative, trustee, or creditor to follow the procedures and time periods for all claims and creditors.

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