My mother died last May and I would like to know the timeframe that creditors have to make claims on her estate. She left a trust for her children and grandchildren and I am concerned that the creditors may try to go after it, since she was insolvent. How long do the creditors have to make a claim and when will it be safe to activate the trust?
The answer in Nevada where I practice is that if your mother left a trust and you as successor trustee are concerned about shielding the trust assets from creditors, in Nevada we would do an probate proceeding with either a 60 or 90 day notice to creditors depending on the size of the estate. You will need to consult with an attorney in the state your mother was a resident.
It depends in part on what type of trust is for her children and grandchildren and when it was funded. If she created a trust and transferred money to it to knowingly not pay a creditor then the assets may be exposed. If it is an unfunded trust that is funded through the probate of her estate then that is an entirely different issue. And, it will also depend on the type of debt - secured or unsecured - as to the type of notice required to be given and the time frame in which the creditor has to file a legitimate and authenticated claim against her estate. Consult an attorney in the state where she passed away for a consultation before moving forward.
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