Legal Question in Wills and Trusts in Minnesota
debt collection
we would like to know how to collect
from a lean to a property in the
amount of $2800 plus fees of a
person who is now deceased. The
personal representative sold the
deceased's items from her business
and collected approximately $3000.
Then he filed a petition to be
appointed a special administrator of
her estate; however, the petitioning
administrator is also the contract for
deed holder on the property and he
has it in foreclosure. We delayed the
special administrator petition to
March 9 in order to find out how to
collect our money. What can we do
to collect?
1 Answer from Attorneys
Re: debt collection
You could file a claim against the estate if it's within the 4 month period since the personal representative was appointed.
You mention that he was the personal representative, but then you mention something about him petitioning to be the special administrator. What was the date he was appointed by the Court as personal representative?
Otherwise you're probably out of luck since the lien is more than likely behind the mortgage. You would then have to purchase the mortgage in the foreclosure sale.
Let me know if you have any further questions.
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