Description
Learn to successfully prosecute the creditor’s claims, avoid the minefield in probate court, and identify proper parties and heirs to negotiate with.As America’s aging population has more complicated financial portfolios and is getting savvier in trying to protect their assets postdeath, postmortem litigation has been on the rise. Debtors prepare asset protection trusts andor estate planning instruments to protect their spouses or heirs from creditors. What can or should creditors do to protect themselves from debtors who are increasingly becoming sophisticated about wealth transfer and asset protection devices? This topic will arm you with the information necessary to timely and effectively prosecute the creditor’s claims, avoid the minefield in probate court, and identify proper parties and heirs to negotiate with.
Date: 2021-08-26 Start Time: End Time:
Learning Objectives
Impact of the Debtor’s Death
• Claims Surviving the Debtor’s Death
• Claims That Die Along With the Debtor
• Assets That Do Not Belong in the Decedent’s Estate • Joint Tenancy, Joint Accounts
Filing a Claim in Probate
• Discovering Whether an Estate Has Been Opened
• What If No Probate Petition Has Been Filed?
• Creditor Claim Procedures
• Impact of the Debtor’s Death on the Statutes of Limitations
• Underlying Civil Statutes
• Claim Period in Probate for Claims Due at Death vs. Not Due at Death
• Additional Statutes of Limitations Limiting a Claim Against Decedent
Obligations of Spouses, Heirs, and Trusts
• Enforcing Claims Against the Decedent’s Surviving Spouse in Community Property States
• Enforcing Claims Against the Successor Trustee
• Enforcing Claims Against Transferees Under the Voidable or Fraudulent Transfer Act
Fair Debt Collection Practices Act
• Basics of FDCPA
• FDCPA and Post-Mortem Debt Collection
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Lynda I. Chung-Valensi Rose, PLC
