B
btrsweet07
Guest
What is the name of your state?What is the name of your state? Illinois
How long do creditors have to file a claim against an estate? My mother passed away in September of 2000. My brother (executor) and his attorney just filed probate a month ago. My sister and I were in the process of buying my brother out of his portion of the house that was left to us, and were only waiting for a closing date when my brother's attorney decided that she needed to file probate. Now she is saying that we have to wait until probate is finished before we can close on this house. I spoke to an attorney who specializes in probate who stated that it doesn't matter whether probate was filed or not, and that the creditors (there are none by the way) only have 2 years from the time of death, whether they knew of the death or not, to file a claim for moneys owed.
The attorney that my brother is using does not specialize in probate, so I'm needing to find some documentation that would be helpful to get the closing finished so that we don't have to wait the 6 months for probate to close.
I'm also under the impression that we can go ahead and close on the house even though the estate is now in probate? If this is true as well, can someone provide some links or case law that I can use?
My sister and myself are very frustrated at the turn of events that have just occurred, and are trying to arm ourselves with information so that we can proceed with our lives.
Many thanks in advance for your help.
Kindest regards,
Jenni
How long do creditors have to file a claim against an estate? My mother passed away in September of 2000. My brother (executor) and his attorney just filed probate a month ago. My sister and I were in the process of buying my brother out of his portion of the house that was left to us, and were only waiting for a closing date when my brother's attorney decided that she needed to file probate. Now she is saying that we have to wait until probate is finished before we can close on this house. I spoke to an attorney who specializes in probate who stated that it doesn't matter whether probate was filed or not, and that the creditors (there are none by the way) only have 2 years from the time of death, whether they knew of the death or not, to file a claim for moneys owed.
The attorney that my brother is using does not specialize in probate, so I'm needing to find some documentation that would be helpful to get the closing finished so that we don't have to wait the 6 months for probate to close.
I'm also under the impression that we can go ahead and close on the house even though the estate is now in probate? If this is true as well, can someone provide some links or case law that I can use?
My sister and myself are very frustrated at the turn of events that have just occurred, and are trying to arm ourselves with information so that we can proceed with our lives.
Many thanks in advance for your help.
Kindest regards,
Jenni