Legal Question in Wills and Trusts in Michigan
notice to known creditors
My question relates to the Notice to Known Creditors. As personal representative of an estate, I notified the known creditors. One did not answer and the other answered three weeks after the deadline to file their claim. I was wondering if you could tell me how the court looks upon this? Is the claim still valid, or could it possibly be disallowed since they did not respond in the alloted time? Any feedback would be appreciated.
1 Answer from Attorneys
Re: notice to known creditors
To Whom It May Concern:
This is in response to your email of November 12, 2001.
Generally speaking if a creditor has missed the deadline to file the claim, the claim can be ignored. The creditor could file a motion with the court requesting that the claim be accepted. The creditor would have the burden to prove that service was not properly provided, etc.
I hope this answers your question.
Sincerely,
Michael D. Eberth
(313) 561-5700