Creditor Rights to Estates and Trusts | Assistance With Creditor’s Claims - Keystone Law Group (2024)

FAQs

How long can creditors go after beneficiaries? ›

Creditors have 60 days to file a claim from the date an estate executor notifies them that the estate is in probate. If the decedent did not name an executor for their will or trust, creditors have four months to act after an estate representative has been appointed by a California probate court.

If you are the beneficiary of an irrevocable trust, judgment creditors will not typically be able to take money directly from the trust. However, they usually can access distributions you receive from the trust.

SC Specifics

In South Carolina, creditors must file any claims against the estate by the earlier of 1 year from the decedent's death, the deadline provided in the generally published notice (i.e., 8 months from publication), or the deadline provided in any direct notification (i.e., 60 days from notification).

A TOD account will prevent you from compiling additional debt through probate related to executor and attorney's fees. However, it can't erase your estate's debt. Creditors can still go after assets in a TOD account.

No. Inherited money is protected from creditors; even if you're dead, your estate is not liable for debts. This means that debt collectors can't take any funds that have been willed to you. For example: Let's say your grandmother left $50,000 in her will to be used as an inheritance for each of her grandchildren (you).

Retirement Accounts, Insurance, Trusts

Retirement account assets and insurance proceeds with designated beneficiaries are treated differently than other assets and provide more protection from creditors.

Can a Trustee Change the Beneficiary? Trustees generally do not have the power to change the beneficiary of a trust. The right to add and remove beneficiaries is a power reserved for the settlor of the trust; when the grantor dies, their trust will usually become irrevocable.

It helps to remember that a Trust is a separate legal entity. The Trustees and beneficiaries are not personally liable for debts owed by the Trust. The Trustee is acting in a fiduciary capacity. The Trustee is required to gather the assets and pay the Trust debts.

An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust aren't considered personal property. This means they're not included when the IRS values your estate to determine if taxes are owed.

Q: How Much Does an Estate Have to Be Worth to Go to Probate in South Carolina? A: The full probate process is required in South Carolina for any estate exceeding $25,000 in total value.

What happens if a person dies with debts that the estate Cannot pay? ›

When someone dies, their debts are generally paid out of the money or property left in the estate. If the estate can't pay it and there's no one who shared responsibility for the debt, it may go unpaid. Generally, when a person dies, their money and property will go towards repaying their debt.

A deceased person's debt doesn't die with them but often passes to their estate. Certain types of debt, such as individual credit card debt, can't be inherited. However, shared debt will likely still need to be paid by a surviving debtholder.

For instance, if a revocable trust has two grantors, it may still remain revocable until all these people have passed away. However, the deceased person's outstanding debts from the revocable trust do not go away, and creditors will still be entitled to the assets listed in the document.

Rights Afforded to Creditors During Estate Administration

Creditors must pursue legal action within two years of the date the estate enters probate. Once the deadline passes, they can't try to collect on the debt owed to them.

The creditors can make claims against the estate for the amount of any debts. The total estate gets reduced by the amount of debts owed. If the debts exceed the estate assets, then each creditor will receive partial repayment of the debt owed to it. But in this situation, the heirs will receive nothing.

Generally, beneficiaries are not personally responsible for the debts of the deceased individual. Their liability is limited to the value of the assets they inherit. In other words, they are not required to use their own funds to pay off the deceased person's debts.

The length of time for paying beneficiaries of a probate estate depends on several factors, such as when the executor files the will with the probate court, estate expenses and assets, and estate tax liability. That being said, the probate process typically takes anywhere from six months to a year or more.

This can, in some cases, lead to family homes or other assets heirs expect to receive being sold to pay debts. If your debt exceeds the assets left behind in your estate, creditors will be likely to pursue inheritors depending on the circ*mstances of inheritance and the financial relationship to you.

If you are the executor or administrator of the deceased person's estate, debt collectors can contact you to discuss the deceased person's debts. Debt collectors are not allowed to say or hint that you are responsible for paying the debts with your own money.