Having a Knowledgeable Probate Attorney Handle Your Loved Ones Estate Could Save You a Lot of Money

In Ohio we have very particular laws regarding creditor’s claims on an estate.  A creditor must present a proper claim to the executor or administrator of an estate within six months of the date of death.  If a claim is not presented within that time period, it is barred- that is it never has to be paid.  Keep in mind that some claims need not be presented, like Medicaid claims and secured debts.

Moreover, if a creditor’s claim is properly rejected and the creditor does not file an action on the claim within two months if the claim is then due, then the creditor’s claim is forever barred- that is it never has to be paid. 

Claims can be accelerated.  With proper notice to a creditor, an executor or administrator can require creditors to file a claim within 30 days.

An executor or administrator can require that a creditor provide proof of a claim.

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  1. […] and administrators are not aware of.  For example, there are limits on creditor claims. See http://www.perlalaw.com/blog/having-a-knowledgeable-probate-attorney-handle-your-loved-ones-esta…  Moreover, if the estate has insufficient funds to distribute to heirs, there is a specific order […]