Legal Question in Wills and Trusts in California
Executor in CA posted notice twice in paper and sent all creditors notice in the mail notice as required plus 2 more times. Became executor 2 mos before anniversary of 1 year of the decedents demise. One creditor who was on the mailing list sends a letter to the executors address asking for the name and address of the executor 4 mos AFTER the given time allowed after being notified. Executor sent requested name and address as asked then later gets a letter saying that if the executor doesn't respond by such and such date they will file another lawsuit. By this time it is 6 mos after the allowed time. And creditor (law office in another state) never filed a claim with the court at any time only a letter to the executor. Now the executor receives a lawsuit in the mail. How can this be legal and how can it be stopped?
1 Answer from Attorneys
The complaint will have to be answered with a demurrer asking that the case be thrown out.
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