What is a Claim against an Estate?

Claims Made Against Estates

When someone claims an asset in an estate belongs to him/her but it is not left to him/her in the will or any trust document, he/she may make a claim against an estate. Similarly, if a person is owed money from the decedent or if a person wants to sue the decedent for an action occurring before the decedent passed away, that individual may make a claim against the estate.  A claim is made by filing documents with the court and the court decides whether the estate does in fact owe someone an asset.

Who Would Make a Claim against an Estate?

A family member or partner of a decedent might make a claim against an estate if they have evidence that the decedent either owed them money or promised them money in exchange for something.   A claim against an estate must be defended by the estate representative.

Getting Legal Help

An updated estate plan is the best way to protect against claims against an estate made by family or acquaintances. As relationships change and as friendships fade and grow, it is important to update your estate planning documents to reflect your current relationships and promises made to friends or loved ones. Experienced Estate Planning Attorney Elga Goodman can help you create a plan which protects your assets, saves tax consequences, and protects loved ones. Call us today at 973-841-5111.

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