Legal Question in Wills and Trusts in California
Creditor claim against estate in CA
A owes me money. A is sick and will die at some point in the not too distant future. A lives in another county of California. The debtor A and some of A's family is aware of the debt - do they have to send me notice upon A's death? If they don't, how do I know when he has died?
1 Answer from Attorneys
Re: Creditor claim against estate in CA
You should protect yourself and moinor his status. When a death occurs, a death certificate is reported in the County Records. I don't know if the debtor has assets in a Living Trust, or if he has so few assets that no probate need be opened. You will have to present your claim to the representative of the estate whether that be a successor trustee or executor in probate (if there is a will) or to the administrator of the estate (if there is no will).
If the debt is substantial you may want to hire a lawyer in the county in which the decedent resides.
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