What is the name of your state? VA
It's been almost a year since my mom died. Her small estate (around $45,000, mostly cash in her bank account)was never probated. She left about $15,000 in credit card bills which are not being paid.
My first question: Since the bills are not being paid, when is it safe for the heirs to split up Mom's assets?
I'm being told by my brother that his lawyer said after one year the bill collectors can't get paid and we can then split the money. My lawyer told me that there is no time limit on collections unless you go to probate and set one and that if we take any money the creditors 'could' come after us for it at any time since the money WAS there for the bills to be paid and essentially we took what was rightfully theirs.
My second question: Can the creditors come after the heirs if they find out the money was there and we split it up before paying them?
It's been almost a year since my mom died. Her small estate (around $45,000, mostly cash in her bank account)was never probated. She left about $15,000 in credit card bills which are not being paid.
My first question: Since the bills are not being paid, when is it safe for the heirs to split up Mom's assets?
I'm being told by my brother that his lawyer said after one year the bill collectors can't get paid and we can then split the money. My lawyer told me that there is no time limit on collections unless you go to probate and set one and that if we take any money the creditors 'could' come after us for it at any time since the money WAS there for the bills to be paid and essentially we took what was rightfully theirs.
My second question: Can the creditors come after the heirs if they find out the money was there and we split it up before paying them?