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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33064
Experience:  30 years experience in the practice of estate law.
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My mother recently passed away and now as the executrix I am

Customer Question

My mother recently passed away and now as the executrix I am receiving her credit card bills. She had no assets except for a house, valued at less than $100,000 that she left in trust for her disabled grandson. I have a "form" letter to send to the creditors that but as the title of the house is listed as "in trust" can the creditors still attach liens?
JA: What state is this in? And when did the issue begin?
Customer: New Jersey. She passed last September.
JA: Have you consulted a lawyer yet?
Customer: I have but due to my husband's sudden decline in health (brain tumor) I haven't been able to keep the appointment...
JA: Is there anything else the Estate Lawyer should be aware of?
Customer: No.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. My condolences for your loss.
Is the estate in probate? Has the will been admitted to probate and letters issued to you as executor?
Customer: replied 1 year ago.
the will has been probated
Expert:  Loren replied 1 year ago.
Thank you for the additional information. As a general rule, the credit card companies can only recover from the estate assets. The assets titled to the trust would not, typically, be included in the probate estate.
Expert:  Loren replied 1 year ago.
if the house is owned in an irrevocable trust then it would not, likely, be subject to creditor claims.
Expert:  Loren replied 1 year ago.
Did you have further questions? Have I answered your question?
Expert:  Loren replied 1 year ago.

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