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January 08

What Does a Personal Representative Do If There Aren’t Enough Funds to Pay Class 8 Creditors?

Written by Thomas Upchurch , , ,

First, the Personal Representative Attorney would determine which assets are probatable. For instance, if there was a homestead that the decedent still claimed as his or her homestead, payable on death accounts, and beneficiary designated insurance policies may not be a probate asset.

To protect the estate from creditors, a probate attorney may request the court to allow for a homestead exemption on the decedent’s home, request for family allowance, exempt assets, and if applicable, have the surviving spouse request his or her elective share as long as it is beneficial to the spouse.

If you need an experienced probate attorney to handle your loved one’s estate, you may hire Probate Attorney Thomas Upchurch for your probate matter. Call Probate Attorney Thomas Upchurch at 386.320.6169 now to get started on opening the probate estate.
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