Legal Question in Wills and Trusts in New York

Estates

My mom passed away last year and she left me her house. The Will has been through probate, uncontested, and everything from soup to nuts is now in my name for almost a year now. My question is, if I receive a bill address to my mother from a collection agency, is there still an ''Estate'' to go after or can I disregard it?


Asked on 10/21/04, 8:28 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Estates

Maybe. Did you, as part of the probate procedure, issue a Notice To Creditors, which establishes a time limitation for which creditors should submit bills to the executor. If so, you may have a defense to the claim. If not, or even if you did, the creditor could follow the asset distribution to the recipient, under several theories, including "transfer in fraud of creditors". The Notice allows the executor to complete the estate and distribute the assets, with no personal liability if a subsequent claim is raised. However, this does not protect the recipient of the assets from being subject to a claim, if valid and timely asserted. As both executor and distributee of assets, you wear 2 hats; one protected and one (as distributee) still subject to a legitimate claim. I suggest contacting the creditor, telling them the estate has been closed, they were late in filing the claim, and, at worst, trying to compromise the amount due, to avoid a possible suit against you as the recipient of assets.

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Answered on 10/21/04, 12:44 pm


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