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Is there a deadline for filing a claim against someone's estate?
Wiki User
∙ 6y ago
Yes. Generally that occurs when the decedent owned real property. Title to real property cannot pass to the heirs until the estate has been probated.
In the case of personal property, only such property that remains can be distributed through a probate procedure. If the decedent owned such property as bank accounts or other valuable personal property, an interested party can petition the probate court to be appointed the personal representative of the estate whether the decedent died with or without a Will. The personal representative will obtain the authority to distribute any property according to state laws of intestacy or according to the Will if the decedent died testate.
Wiki User
∙ 9y ago
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Can wife block estate settlement of husband?
She can delay the settlement of the estate by filing objections and claims against the estate.She can delay the settlement of the estate by filing objections and claims against the estate.She can delay the settlement of the estate by filing objections and claims against the estate.She can delay the settlement of the estate by filing objections and claims against the estate.
What is the deadline for filing a claim against an estate?
The deadline for filing claims against estates depends on the laws of the state of probate. There are two considerations to keep in mind. First, at the very least, the claim must be brought before any applicable statute of limitations expires. If the claim is unenforceable against the decedent had he /she lived, then it is not enforceable against the estate. Second, many states have laws or rules that state that have procedural time periods for presenting claims against an estate; however, failure to do so might not result in a denial of the claim for missing that deadline. This type of deadline is a procedural one. It allows the executor to determine the debts of the estate for estate and inheritance tax purposes and to let executors distribute the estate without waiting for a legal statute of limitations to expire. All this means is that executors should not give estate assets to beneficiaries before this procedural period expires, or executors would be liable for payment if they could not get money back from beneficiaries. Also, at least in New Jersey, if a legitimate claim comes in after the procedural period but before final distribution is made, the debt still has to be paid out of the estate.
When is the deadline to file Michigan state taxes?
The deadline for filing State tax in Michigan is the same date as the deadline for filing Federal tax.
What if an heir is not notified and left out?
The estate has not been properly closed and distributed. Consult an attorney in your area about filing a claim against the estate. The estate may have to be reopened.
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