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Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6422
Experience:  20 yrs of professional experience.
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What are my rights as a pro se creditor vs.ex's non-probate

Customer Question

What are my rights as a pro se creditor vs.ex's non-probate estate?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Irwin Law replied 11 months ago.

Good morning and thanks for using Just Answer. If you are a creditor of your ex spouse who has died, you must file a claim in the estate within a certain length of time, depending upon your states laws. Failing to file such claim in the estate will bar it. If no state has been opened, creditors generally have the right to do so in order to pursue collection of their debt. I suggest that you consult a local probate attorney about this matter.

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Customer: replied 11 months ago.
I've already filed. I asked the above ques. b/c I read S.C. Rule 103 - Rulings on evidence.
103(a) "Effect of erroneous ruling. Error may not be predicated upon a ruling which admits [in my case] or excludes evidence UNLESS A SUBSTANTIAL RIGHT OF THE PARTY IS AFFECTED, and
(1) Objection. In case the rule is one admitting evidence, a timely objection or motion to strike appears of record [sic], stating the specific ground of objection, if the specific ground was not apparent from the context; "I need to know what substantial rights I, as a pro se plaintiff/petitioner, have.
Customer: replied 11 months ago.
What are my rights to ex's NON-probate trusts, rollover IRA etc. that are funded w. concealed assets? Probate estate is insolvent.I filed suit in probate ct. to have Div. decree orders* enforced.
* Unpaid alim and dividends, and assets that are later discovered that were concealed at time of divorce (these assets are to become mine).Judge ruled in favor of Estate atty's (EA) motion for sum. jud. EA's memoran. in support of his motion contains erroneous facts and inapplicable defenses and does cite proof for his assertions. I'm writing a "Notice of Motion and Motion to Strike Purported Evidence in Respondent's Mem. of Support of his M. for S. J." Am also working on a "Motion to Reconsider" the ct's decision (or do I say "order"?) allowing sum. jud. on Claims 3-7. The order lists such and such alleged evidence as reason for judge's order.I need to be able to list my SPECIFIC rights (do I need citations?) which are affected.
Expert:  Irwin Law replied 11 months ago.

I am going to opt out of this question now and see if anyone else can assist you.

Expert:  Maverick replied 11 months ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience