Legal Question in Bankruptcy in Maryland

Spouse Who Died Testate

Spouse died testate. While living, the spouse

filed claim in U.S. Bankuptcy Court against a

debtor. As Administrator of spouse's estate,

I believe I have the right to receive the payments

assigned to the my spouse. As beneficiary and

Administrator of the estate, could I have the

Bankruptcy trustee execute an assignment naming

me the beneficiary and the new individual to whom

payments should be made in the future? Would I

be required to file claim, as Administrator of the estate, in Baltimore, MD?


Asked on 8/27/99, 7:56 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Spouse Who Died Testate

You (as personal representative/executor) do have the right to the payments to your deceased spouse. You should file with the court, and send a copy to the trustee (and the debtor's counsel if a Chap. 11, 12, or 13), a notice of transfer of claim, attaching the documentation of your appointment as personal representative. You should then receive on behalf of your spouse's decedent's estate, all payments due your spouse.

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Answered on 8/30/99, 6:00 pm


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