Lawyers Outside the Court RoomLawyers Outside the Court Room

About Me

Lawyers Outside the Court Room

If you need to go to court, then you certainly want to hire a good attorney to represent you and plead your case in front of a judge. But what if you have a disagreement with a company or another person that has not yet escalated to being a legal matter? It can still beneficial to hire an attorney. They can work as a mediator or arbitrator, helping the two parties to come to an agreement outside of the court room. We think more people deserve to know about the in-court and out-of-court services that general attorneys offer, which is why we founded this website.


Latest Posts

How You Can Better Your Chances Of Winning An Injury Case
7 October 2021

When submitting an injury claim application, your

Loaned To Someone Who Passed Away? A Guide To Probate Claims
25 August 2021

Did you loan a sum of money or an asset to a frien

Start Your Effort for Disability Payments With a Free Online Case Evaluation
19 July 2021

If you were recently injured in a way that has lef

Grounds for Compensation In Personal Injury Claims
28 May 2021

One of the most challenging legal tasks entails pr

Probation and Parole: What Criminal Defense Attorneys Know
28 April 2021

If you are facing criminal charges, you might face

Loaned To Someone Who Passed Away? A Guide To Probate Claims

Did you loan a sum of money or an asset to a friend or family member who has since passed away? This is a particularly challenging position for personal friends as it combines their time of grief with the need to recoup some or all of that loan and avoid a potentially damaging financial loss. So, what should you know as a creditor of the estate? Here are five key things.

1. Personal Debts Are Debts

If you entered into a formal loan arrangement with the deceased, you are a creditor just like companies who loaned them money. You have a right to be paid from the estate assets during probate. The challenge with most family or friend loans is that they lack formal contracts. But even without the standard contractual documentation, you can still assert your right as a lender if you can prove the debt in other ways. 

2. Unsecured Debts Are Grouped

Generally, cash loans among family or friends are unsecured loans, meaning there is no collateral attached. As a holder of an unsecured loan, you will be grouped with other unsecured lenders to receive full or partial payoff by the estate. If the estate doesn't have all the funds needed, you'll be paid in an apportioned manner after priority debts (like final expenses) are paid.

3. You Can Get Your Property Back

If you loaned your loved one a car or other asset, you generally have the right to receive the asset back. Your loan is essentially treated like a secured loan where the lender can foreclose or repossess the asset if no one makes the payments. The executor cannot simply keep the asset for the estate.

4. You Have a Deadline

Creditors must be notified of the person's passing, and then they have a prescribed amount of time to submit a claim to the estate. This duration is generally between 90 and 180 days, so check with the state probate rules where probate is being administered.

5. You Benefit From a Lawyer

If you have an informal loan or you worry that the executor may not handle your claim fairly, engage an attorney to represent your interests through your probate claim. In addition, if your emotional ties to your friend or family could make it a challenge to seek proper reimbursement, an independent lawyer can take the burden off. 

Have more questions about how to handle a loan made to someone who passed away? Start by meeting with a probate attorney in your state. They will work with you to boost your claim to some of the estate, complete all the documentation and steps needed, and understand how much you may be able to get back.