When it comes to lawsuits filed during a trust administration, claims brought by creditors of the decedent are common. In many cases, a creditor must pursue a lawsuit to obtain repayment for the debt incurred by the decedent. Seeking this repayment requires that the creditor take certain steps as called for under California law. Keep on reading to learn more about the 5 actions creditors can take against trustees.
5 Actions Creditors can Take Against Trustees:
When a creditor files a lawsuit for debt repayment, the creditor may have to take action against the trustee. Trustees should anticipate any of the following actions occurring when a creditor is seeking repayment of a debt:
- File the creditor’s claim with the court within the appropriate amount of time, and mail a copy of the claim to the trustee.
- If the trustee rejects the claim, the creditor may file a lawsuit against the trustee in order to seek repayment.
- This lawsuit must be filed within the amount of time described under California law.
- The trustee may seek court approval if the filing of the claim may be late.
- Filing of an objection to a trustee’s petition to the court requesting the approval of creditor claims.
Interested in learning more about the actions creditors can take against trustees and what to do in these situations? If so, we encourage you to view our article, “11 Facts About Creditor Claims and Riverside Probate Administration.” Or feel free to contact us today through our quick and easy online form.
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AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307