What rights does a creditor have when trying to collect an intestate estate?
In South Carolina, creditors have several rights when trying to collect an intestate estate. First, they may petition the court to be a creditor or an heir to the estate. This means that they will be given a portion of the estate if it is found that they are owed money. Second, creditors may file a lawsuit to recover any money owed. This can be done even if there is no will or estate plan. If the creditors win the case, they will be able to collect the entire estate. Finally, creditors may also file a claim to enforce any liens or mortgages that the deceased had. This includes any real estate, vehicles, or other property that the deceased may have owned. Creditors should be aware that if the estate is not large enough to pay all of the creditors, the court will distribute the funds to the creditors in the order in which the creditors filed their claims. This means that if any of the creditors have filed their claim later, they may end up not receiving any of the funds. It is important for creditors to be aware of this, as they may not receive all the money owed to them in an intestate estate.
Related FAQs
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