| Alan R. Horvath, Attorney at Law |
Estate Litigation - Do you Have a Claim?
Are the Assets in the Estate?
It is important to note that any gift made in a will or trust is always contingent upon the assets actually being there AFTER
the satisfaction of any creditor claims and the costs of administration. The administrator is NEVER required to make a gift
if the assets are not there. Unfortunately this is not an unusual situation. People often spend or give away assets prior to
death that their will or trust makes specific provision for. Depending on the type of gift involved, you may end up losing it
altogether. This is not the administrator’s fault, and you have no claim if it happens.
Furthermore, under both a will and a trust, the administrator is required to insure that all legitimate creditors claims get
paid. Payment of these claims has priority over any gifts to be made. In fact payment of administrative expenses, such as
the administrators fee, attorneys fees, and any court costs has priority over both creditors and gifts. As a result, the
particular asset which the document gives to you might exist at death, and still need to be sold to pay creditor claims.
This also is not the administrator’s fault, and you have no claim if it happens.
the satisfaction of any creditor claims and the costs of administration. The administrator is NEVER required to make a gift
if the assets are not there. Unfortunately this is not an unusual situation. People often spend or give away assets prior to
death that their will or trust makes specific provision for. Depending on the type of gift involved, you may end up losing it
altogether. This is not the administrator’s fault, and you have no claim if it happens.
Furthermore, under both a will and a trust, the administrator is required to insure that all legitimate creditors claims get
paid. Payment of these claims has priority over any gifts to be made. In fact payment of administrative expenses, such as
the administrators fee, attorneys fees, and any court costs has priority over both creditors and gifts. As a result, the
particular asset which the document gives to you might exist at death, and still need to be sold to pay creditor claims.
This also is not the administrator’s fault, and you have no claim if it happens.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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