How long do these then unknown creditors have to come forward? What legal right do creditors have to collect against the estate?

Asked over 2 years ago - Albuquerque, NM

I recently received notice from a creditor for unpaid debt for my deceased father. He passed away 1 year and 4 months ago. Public legal notices were posted 1 year ago when we were not aware that they existed. This took place in Texas. How long do these then unknown creditors have to come forward & receive anything? What legal right do they have to collect against the estate?

Attorney answers (1)

  1. Jeff Tomberg

    Contributor Level 14

    1

    Lawyer agrees

    Answered . you should address this issue with the estate lawyer. he will be able to answer the question whereas we dont have copies of the notices filed to creditors nor the claim filed if any against the estate and copies of the notice you refer to. generically if you had no idea the creditor existed then the creditor is limited to the time set forth in the notice to file a claim. failure to file a claim is fatal in most instances to the creditor. this information is something the estate lawyer can answer.

    without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...... more

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Probate

Probate is the legal process for proving a will valid or invalid, appointing an executor, and distributing estate assets according to the will or state law.

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