Legal Question in Wills and Trusts in Arizona

unsecured promissory note

1991. Promissory note written between lady (loaner) and step-parents Loanee). Due from estate upon death of both step-parents. Stepmother passed away a couple of years ago and stepfather recently deceased. Brother named as executor but brother and sister are not on good terms.

Question? How to obtain a lien against estate to make the note secure. Lady lives in Arizona and estate is in Southern California.

Lady has no current access to internet and is using me. I will pass on message/answer and ?phone number?

Lady has all other documentation.

Thank you


Asked on 5/13/08, 12:34 am

2 Answers from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: unsecured promissory note

You have to make a creditor's claim against the estate of the stepfather, within the time period allowed for claims after the notice to creditors has been published.

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Answered on 5/23/08, 1:17 am
James Jenkins Jenkins Law Center PLC

Re: unsecured promissory note

California counsel will need to answer this.

If in Arizona, I would have said to file a Demand for Notice with the court, have contact with the personal representative (executor) to see if the debt will be honored without a lawsuit, if not, file a lawsuit against the estate. Search out an estate attorney in the county where the decedent died, retain the attorney and let the attorney handle it.

Good luck.

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Answered on 5/13/08, 12:09 pm


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