Q: This question is about TN probate ....will waiting a year before filling for probate stop debit collectors
A:
Yes and no. Waiting a year will have minimal to no impact on secured creditors. They can always foreclose on their collateral even after a year has passed from date of death.
Also, the one year statute of limitations does not apply to Tenncare and most other government agencies/entities. The government always makes exceptions for itself.
And, if it was a joint creditor (e.g. creditor of both husband and wife, one of whom has passed), the creditor can still expect payment from the surviving debtor.
Finally, in the meantime, a creditor can always open its own probate case within that one year period in order to collect.
So, as with so many things, there is no simple black and white, cut and dried answer. If you have particular concerns about your situation, you should consult with an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
