Law Office of Caleb A. Petersen, LLC

Estate and Fiduciary Litigation

Claims Against Estates


When an individual passes away, they often will have outstanding debts owed to others. In those situations, the party who is seeking reimbursement from the estate must make a written claim to the estate quickly in order to ensure he has the greatest chance to receive his money or property owed. The best-case scenario is exhibited when the executor of the estate approves the written claim and allows the claimant to collect his dues. However, the executors do not always cooperate with the claimant who believes he or she has a right to some of the estate and can deny the request. When disagreements arise between parties, the claimant can take the action to court with the assistance of a knowledgeable attorney who understands the claimant’s rights and the rules of the court. When making a claim against an estate or defending a claim against an estate it is important to find an attorney who regularly practices in probate court as there are very specific timelines and rules that apply that the average attorney may not know about.