Legal Question in Wills and Trusts in Maryland
My father died in Maryland in 2007 and I was listed as the executor of the estate. Through the Probate Court, I turned the executorship over to my youngest brother since he was in state and I was not. The estate was closed last year, the bills as filed with the court in the designated time period or known to us were paid and all the funds disbursed (we're not talking big money here). Now, a year later, a credit card company that was supposed to have been paid off by their own insurance company that our Dad paid each month (in case of death) says that they were not paid and they now want their money. They have threatened to take this back through Probate. From what I have read, its too late. Am I correct? Thanks for your help in this matter.
1 Answer from Attorneys
By Maryland statute creditors have six (6) months from the date of death to file a claim in the estate. The claim is a probate form which is accompanied by the creditor's invoice and a check for $3.00 made payable to the Register of Wills (ROW). Failure to file w/in the 6 months bars the creditor from collecting on the debt, period set in stone. It is a statute of limitations. The ROWs around the state typically will not close estates until proof that all claims have been paid (a copy of the cancelled check or release of claim filed by the creditor). Although harsh to creditors this is the law and if the creditor missed the 6 month filing window they are out of luck. Any attempts to collect could subject them to legal proceedings as violations of state and federal collection laws as attempts to collect debt that is barred or not due are deemed violations
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
