Legal Question in Bankruptcy in California

Debt Collection by an executor of a Trust Fund from a person that has filed Bank

I am the exeutor of my family trust fund. Both my father and my mother before him, have passed away. My father recenty passed away. My father made a $50,000 loan to a person who used his house for collateral. This person recently has filed for bankruptcy. My father had a court date to meet with all parties creditors and liable party, my father was hospitalized and did not make the court hearing and recently died. My question is, can I collect on this loan? Will I have to take him to court? Will I have to hire an attorney, and if so, what kind of attorney should I look for?


Asked on 1/06/03, 3:35 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Debt Collection by an executor of a Trust Fund from a person that has filed

Thank you for your question and posting. If the debt was owed to the trust, you can sue on behalf of the trust to get this asset back.

Otherwise, you can sue in the name of the estate, either as part of a probate case, or as administrator of your father's estate in general. You should see a general litigation attorney, like our firm, for questions, or to begin. Best of luck, and if you have questions please feel free to email me at [email protected].

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Answered on 1/07/03, 12:17 am


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