"medusa" <h.hernandez22@verizon.net> wrote in message news:<cGY6d.6775$ku4.373@trnddc01>...
It was suggested that I might repost with some more specifics as this will
affect the answer.
I, a creditor owed for loans and bills paid as well as earnings have been
disallowed a majority of the monies by the estate attorney
largely for bad second hand info and personal reasons. He has filed his
answer to my claim in the probate court file here in Washington, D.C.
Naturally I disagreee with his summation of monies owed as well as the fact
he insists my7 monies are not paid immediately rather than after probate
although every one else is getting paid. I live off of Social Security
disability and naturally do not have monies for a law suit. I was thinking
perhaps there was a governing board that might oversee his decision making
process in case of dispute. He has not advised me of any time period in
which to answer his answer and the end of probate is coming very soon. Do I
have any options? thank you in advance..
claire
One thing about being a creditor of a probate estate is you have to
have your paperwork in order. The executor has not just the discretion
but even the duty to deny any claim a creditor cannot prove. He is
supposed to conserve the estate for the benefit of the creditors who
can prove their claims and for the heirs.
I don't know whether there's something lacking in the way you have
substantiated your claims, or whether he is in possession of
information that suggests your claims are invalid, that would give him
a reason to deny them. Whatever it is, you will need to find out what
it is.
If you have a claim for wages, that often has a priority and should be
paid ahead of general creditors (and paid as soon as practical, not
put off until the estate closes). Other claims, such as trade accounts
and money lent, are not priority, and it would be in his discretion to
delay paying on these until the estate closes, even if he pays other
creditors sooner.
If you disagree with the executor, you really have to contest his
denial, or the proposed closing, or wherever it stands, in the manner
in which these things are done in DC probate court. He does not have
to help you do this. You will need to get an attorney (try Legal Aid
if you have no other resources) or find out how to do it yourself.
--
Not a lawyer,
Chris Green
