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Richard, Attorney
Category: Legal
Satisfied Customers: 54535
Experience:  Attorney with 29 years of experience.
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I had a friend who just died. But he owed me a large sum of

Customer Question

Hi, I had a friend who just died. But he owed me a large sum of money. What kind of recourse do I have in being able to collect?
JA: What state are you in? It matters because laws vary by location.
Customer: Ohio
JA: Has anything been filed or reported?
Customer: a promissory note
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 1 month ago.
Category: Legal
Expert:  Richard replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 month ago.

Your claim does not die with the death of your friend. Rather, your claim simply transfers to his estate. You want to make a claim against your friend's estate. Before any probate assets can be distributed to the decedent's heirs, the decedent's debts must be paid. If not, you pursue the estate's executor and the beneficiaries/heirs (to the extent of any assets distributed to them) for the payment of your debt. If the executor does not pay you from the assets, 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 if the estate doesn’t then pay the judgment, you can have the sheriff serve a summons on the executor 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 estate assets to satisfy the judgment.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 1 month ago.

I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.