woman frustrated answering phone inquiry

Creditors often have to file a claim in order to collect a debt.

Creditors who learn a debtor has passed away need to file a claim against the estate, which may include a trust, according to the NWI Times in “Filing claims against a trust.”

Depending on the state, filing a claim against a trust can be even more complicated than filing against an estate.

Every state has its own laws and procedures that need to be followed for a creditor to properly file a claim to receive the debt of a debtor who has passed away.

For this reason, it is extremely important for creditors to contact a local estate attorney to help them with the process. This is something that must be done without delay,  since the statutes of limitations for these claims are often very short, again depending on the state.

An estate planning attorney can advise you on creating an estate plan that meets your needs, including addressing any debts left behind.

Reference: NWI Times (July 2, 2017) “Filing claims against a trust.”

For more information on asset preservation and estate planning, please visit my estate planning website.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.