QUESTION

Demand letter

Asked on Jun 24th, 2021 on Wills and Probate - Massachusetts
More details to this question:
My husbands creditors have sent a demand letter to his estate for the debt he owed at the time of his death. Will a sherif come and take from my house and take assets? Does the homestead act protect my hone from them?
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3 ANSWERS

Estate Planning Attorney serving Plymouth, MA
1 Award
Perhaps a "demand letter" carries some legal force in another state, but in Massachusetts it may amount to no more than a scare tactic. Perhaps the demand letter was sent with the intention of trying to get you to make payments that you may not be responsible for making. There are extensive legal procedures that creditors must follow before the situation would ever get to the point where a sheriff could be involved. A lawsuit would have to be filed on a timely basis against your husband's estate (and perhaps against you, if the creditors are claiming that you bore some responsibility for or received some benefit from the debt). The estate would have the right to file an answer to the lawsuit, and the creditors would have to prove that they have a valid debt.
Answered on Jul 06th, 2021 at 8:19 AM

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Wills Attorney serving Austin, TX
2 Awards
Talk with your probate attorney.  In most states the home can be set aside for the surviving spouse and any minor children.
Answered on Jun 25th, 2021 at 7:27 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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Wills Attorney serving Austin, TX
2 Awards
The executor or administrator of your husband's estate has a duty to assemble the assets, pay the debts and distribute the rest according to the Will or, if there is no Will, according to the state's laws of inheritance.  In most states the homestead and a certain amount of personal property can be set aside for the surviving spouse and/or minor children.  Talk with your probate attorney.  
Answered on Jun 25th, 2021 at 5:24 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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