Gastonia, NC asked in Probate for North Carolina

Q: I am the executor of my mothers estate. Do I have to pay a creditor if they send me the bill after the 90 days?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: It depends. Did you properly notify the creditor and publish notice in the newspaper? Was the claim filed before or after the date specified in the notice?

If notice was properly given and the claim was filed after the cutoff date specified, then you simply deny the claim. The creditor then can sue if he/she has a mind to do so. Any lawsuit has to be filed within 90 days after your denial of the claim. If no lawsuit is filed, the denial stands.

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