Legal Question in Wills and Trusts in California

You send a letter to the decedent's executor or estate administrator, explaining your claim and providing copies of the appropriate documentation. If the claim is rejected or you hear nothing, you have one year from the date of death to bring a lawsuit against that person as executor of the decedent's estate. Then you proceed as with any other lawsuit. You might have the court set aside any of the estate property transfers because your debt was not first satisfied.

Creditors are also allowed to file the needed form to open probate. That is more combersome than Mr. Cohen's suggestion, but if the executor, who probably is the person who got all the assets refuses to pay or respond to you, you can ask them which of the next steps you have available they would prefer, so that they will respond. You, of course, decide on your own what you would rather do.

You also state there was a real property transfer without probate. It could also be worth it to request from the county assessor a copy of the last 2-3 title reports to see if the transfer was done properly. If the person who received the property received it after death through a will and not a trust or form of joint title, then the transfer may be able to be put aside and a Probate forced.

I agree with attorney Cohen, start with a demand letter to the executor including backup for the debt and then, if necessary, file a lawsuit against the executor.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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