Estate Law Questions? Ask an Estate Lawyer.
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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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