Legal Question in Wills and Trusts in California

Collecting Creditor's Claim from Personal Representive

I sent a letter to the deceased father in Jan. 2004 indicating that the deceased owned me a lot of money with written documention....The deceased died of a sudden death in Dec 2003...An successful business man and ex-NFL player waiting for retirement....I was told there was no estate and he was sorry for my lost.No probate have been or will be filed....Where do I go from here? Do I need to file a claim with the court in order to sue?


Asked on 5/03/04, 5:29 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Collecting Creditor's Claim from Personal Representive

He may have had all of his property in trust. This does not make his estate invulnerable. You should find an attorney in the area in which he resided at the time of death to go against the estate for collection.

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Answered on 5/03/04, 6:20 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Collecting Creditor's Claim from Personal Representive

This is worth talking to an attorney about, and doing a little investigation to find out whether there are any assets you can make a claim against. Some things, like retirement plans and life insurance, are usually beyond the reach of creditors, but other assets are not. There are time limits for making your claim, though, so you should consult someone quickly, and there is also a one-year statute of limitations for all claims from the date of death.

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Answered on 5/05/04, 1:39 pm


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