Upland, CA asked in Probate for California

Q: How do I go against a rejection of my creditor’s claim in California probate court?

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You need to hire a "Probate Attorney" in your local area and take him all the paperwork to evaluate what you should do next. Chris M. Bradford is an attorney on this site and has excellent credentials on this site. He is #1 on the Probate leaderboard, but he is located in Santa Monica. He may still be your man to contact.

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Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: If your claim was rejected by the personal representative, you may bring a civil action on the claim. To preserve you creditor rights, you must file suit within 90 days of the later of the date the notice of rejection is given or the date the claim became due. The procedure is summarized on the DE-174 you received from the personal representative. I recommend you consult with a probate attorney on your rights and the timing of same.

Maurice Mandel II and Gerald Barry Dorfman agree with this answer

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