Many people make claims to property or against the estate after a loved one passes. Dealing with the claims of creditors is crucial. If these claims are not dealt with in the proper fashion then the probate may be delayed or, even worse, there may be consequences for the executor or administrator of the estate. Avoiding these consequences is crucial. Retaining a probate attorney to assist with handling the estate will help to ensure that all the requirements are met and that the process goes as smoothly as possible and that assets go where they belong – to the heirs. Our attorneys service the greater Dallas Metroplex area.
Attorneys helping Dallas, Texas probate executors deal with creditors
The probate process has a system in place to ensure that creditors are paid. A notice of the probate must be provided to secured creditors (such as those holding a mortgage or an auto loan). While a notice to unsecured creditors is not required, a notice may be given. This is referred to as a “permissive notice” and can serve to close out the claims of unsecured creditors much earlier than would otherwise be the case. The executor, also known as the “personal representative” in probate, can challenge whether or not debts should be paid from the estate. After the estate’s debts are paid, and all determinations of beneficiaries or heirs have been made, then remaining assets are divided according to the provision of the will or Texas’ intestate succession laws. An executor who fails to follow these procedures regarding creditors can face personal liability. This responsibility, and the possible consequences, means that the assistance of an attorney is necessary.
Our Dallas probate lawyers will assist in ensuring that all legal requirements are met when dealing with creditors. At your initial consultation we will work to identify the decedent’s creditors. In addition to sending out proper notices, we will work with the personal representative to determine which debts may be challenged and will assist in bringing such disputes before the Probate Judge. We do so in an effort to make sure that an estate’s assets end up where they belong – with the heirs. We make probate our business so you can focus on the business of your life and family. Our attorneys also service Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center,, Texas. Contact us today to schedule an initial consultation.
Texas lawyers taking a team-based approach to dealing with the creditors of an estate during the probate process
Our attorneys believe in a collaborative and team-based approach to solving problems. Price L. Johnson is a certified public accountant as well as an attorney. He and our associates will take the necessary steps in evaluating all claims of creditors and will give the estate’s personal representative an honest assessment of which claims can be challenged and which one’s cannot. We will stay in regular communication throughout the process. We promptly respond to emails and phone calls and will meet with our clients as often as is necessary. We have achieved a proven track record of success for which we are proud. Contact us online or by telephone to speak with a Texas probate attorney.