It is common for creditors to attempt to claim assets of a decedent’s estate. While some claims are legitimate, others may not be. The sooner you seek advice from an experienced probate attorney, the better you and other beneficiaries will be protected.
At The Law Offices of Kennedy & Jackson in Houston, Texas, our lawyers have decades of experience advising executors, administrators and trustees concerning claims against estates and trusts. Our two attorneys are each board-certified in estate planning and probate law by the Texas Board of Legal Specialization, and each is a frequent lecturer on estate planning topics to other lawyers throughout Texas.
Credit obligations die with the estate. However, executors are responsible for paying legitimate bills to creditors. If a deceased person’s debts exceed his or her assets, heirs are not responsible for the balance. In addition, Texas code provides certain allowances for heirs. For example, a spouse, minor child or adult disabled child has the right to receive homestead property ahead of all creditors except for the mortgage holder.
There are techniques that our law firm can use to manage creditor claims and preserve the estate for beneficiaries. For example, creditors normally have two years to file a claim against the estate once the executor publishes legal notice of the death. However, Texas provides a special notice, called Permissive Notice to Creditors, that bars executors from paying claims after four months from the date of notice.
CONTACT A CLAIMS AGAINST ESTATES LAWYER IN HARRIS COUNTY
Our law office is located in the Galleria area of Houston, with free on-site parking available next to our office building. We provide a complimentary — and confidential — initial consultation to all new potential clients.
To schedule an appointment with one of our lawyers, call 713-783-7444 or send us an email.