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Lawsuits fly against probate estate in attempt to recover assets

Posted on Feb 19, 2009

This story illustrates one of the more unpleasant tasks that falls to executors and administrators, defending the probate estate from lawsuits.  Had this story been from California it's possible the probate estate would do better than it appears to be doing in this case.  Under California probate law a creditor has to file a claim with the estate before suing the estate.  The creditor can not sue a California probate estate without taking this step.  If the probate estate denies the claim or fails to act on it then the creditor can sue the estate.  If the creditor sues the probate estate without filing a creditor's claim then the estate will have a perfect defense to the lawsuit.

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The Grossman Law Firm, A.P.C. are Riverside, California probate lawyers.  We help probate estates in Riverside County, California.  We appear in the Riverside probate court for cases in the area bounded by Temecula, Corona, and Banning, California.  We appear in the Palm Springs/Indio probate court for cases from Palm Springs, Palm Desert, Rancho Mirage, Desert Hot Springs, Cathedral City, Indian Wells, and Indio, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.