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Sponsored by Lorman Education
Product ID: 408910EAU
 
Credit & Course Provided by:

Post-Mortem Debt Collection

OnDemand Webinar (90 minutes)

Learn to successfully prosecute the creditor's claims, avoid the minefield in probate court, and identify proper parties and heirs to negotiate with.As America's aging population has more complicated financial portfolios and is getting savvier in trying to protect their assets post-death, post-mortem litigation has been on the rise. Debtors prepare asset protection trusts and/or estate planning instruments to protect their spouses or heirs from creditors. What can or should creditors do to protect themselves from debtors who are increasingly becoming sophisticated about wealth transfer and asset protection devices? This topic will arm you with the information necessary to timely and effectively prosecute the creditor's claims, avoid the minefield in probate court, and identify proper parties and heirs to negotiate with.

Authors

Lynda I. Chung, Valensi Rose, PLC

Agenda

Impact of the Debtor's Death

• Claims Surviving the Debtor's Death

• Claims That Die Along With the Debtor

• Assets That Do Not Belong in the Decedent's Estate - Joint Tenancy, Joint Accounts

Filing a Claim in Probate

• Discovering Whether an Estate Has Been Opened

• What If No Probate Petition Has Been Filed?

• Creditor Claim Procedures

• Impact of the Debtor's Death on the Statutes of Limitations

- Underlying Civil Statutes

- Claim Period in Probate for Claims Due at Death vs. Not Due at Death

- Additional Statutes of Limitations Limiting a Claim Against Decedent

Obligations of Spouses, Heirs, and Trusts

• Enforcing Claims Against the Decedent's Surviving Spouse in Community Property States

• Enforcing Claims Against the Successor Trustee

• Enforcing Claims Against Transferees Under the Voidable or Fraudulent Transfer Act

Fair Debt Collection Practices Act

• Basics of FDCPA

• FDCPA and Post-Mortem Debt Collection