How do you file a claim on someones estate?

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I was awarded a judgment in small claims court and the person died before the judgment was paid. I would like to file a claim against the person's estate.

Attorney Answers

3
Mitchell Goldstein ·
Contact the court to find out who was appointed the administrator (if no will) or executor (if there was a will). Then file a claim with that person. Understand though that you will only be paid if there are assets that can be used to pay claims. Assets that pass by operation of law (for example, retirement accounts, accounts with pay on death clauses, life insurance) will not be part of the estate. I hope this helps and at least points you in the right direction. [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
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Theodore Araujo ·
If the judgment is filed you will have a lien on any real property that will have to be paid before good title can be conveyed. You should contact an attorney to assert the lien against the estate. Many times family members are the only ones involved in settling the estate. You may tell them about the judgment but it is likely that they will distribute property and funds before the judgment is settled. It is probably easier now to collect then it will be in the future whent the assets disappear.
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William Devine ·
Hopefully you recorded the judgment by using an abstract of judgment so it has attached to the person's home and other real property. Regardless, you need to file a creditors claim with the probate court. Take a look at the forms here: http://www.clarkcountycourts.us/ejdc/courts-and-judges/probate/probate.html The one you are interested in is the 'Creditors Claim'. Good luck, William Devine, II Las Vegas & Henderson Bankruptcy and Debtors Rights Attorney Free Consultations
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