San Antonio, TX asked in Probate for Arizona

Q: credit card debt claim made within 4 month probate window, claimant is debt collector, not CC co. Does estate pay?

The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.

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2 Lawyer Answers
Andre L. Pennington
PREMIUM
Andre L. Pennington
Answered
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: Typically speaking the creditor will have to show that proof of the claim was assigned to them; however, if they can and they have filed a claim with the PR or the Court, these debts are generally payable. To find out for sure you should contact an experienced probate attorney.

Ilene L McCauley
Ilene L McCauley
Answered
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: One of the jobs of Personal Representative of the estate is to pay all of the decedent's verified debts. If you look on the form that you signed to open the probate, which is called ORDER TO PERSONAL REPRESENTATIVE AND ACKNOWLEDGEMENT AND INFORMATION TO HEIRS/DEVISEES, item 13 says that your job, after collecting the assets, is to 'Pay Valid Debts and Expenses'.

I think just by reading your question, you need professional help to do this job properly. Find a qualified probate attorney in your area to help you.

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