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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54026
Experience:  29 years of experience practicing law, including tax and estate planning.
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Loaned money to inlaw she passed away how to collect

Customer Question

loaned money to inlaw she passed away how to collect
Submitted: 5 months ago.
Category: Estate Law
Expert:  Richard replied 5 months ago.

Good morning. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 5 months ago.

Your claim simply becomes a claim against the estate. So, submit your claim to the executor of the estate. The estate cannot make any distributions to beneficiaries of the estate until the claims against the estate have been paid. If the executor won't pay the claim voluntarily, file suit against the estate. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and the executor doesn’t then pay the judgment, you can have the sheriff serve a summons on the estate for a debtor examination. That forces the executor to meet you in court again and answer questions under oath about the estate assets. After that information is obtained, you have the power to attach bank accounts or attach other estate assets to satisfy the judgment.

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