Learn to successfully prosecute the creditor's claims, avoid the minefield in probate court, and identify proper parties and heirs to negotiate with.
As America's aging population has more complicated financial portfolios and is getting savvier in trying to protect their assets post-death, post-mortem litigation has been on the rise. Debtors prepare asset protection trusts and/or estate planning instruments to protect their spouses or heirs from creditors. What can or should creditors do to protect themselves from debtors who are increasingly becoming sophisticated about wealth transfer and asset protection devices? This topic will arm you with the information necessary to timely and effectively prosecute the creditor's claims, avoid the minefield in probate court, and identify proper parties and heirs to negotiate with.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Impact of the Debtor's Death
- Claims Surviving the Debtor's Death
- Claims That Die Along With the Debtor
- Assets That Do Not Belong in the Decedent's Estate - Joint Tenancy, Joint Accounts
Filing a Claim in Probate
- Discovering Whether an Estate Has Been Opened
- What If No Probate Petition Has Been Filed?
- Creditor Claim Procedures
- Impact of the Debtor's Death on the Statutes of Limitations
- Underlying Civil Statutes
- Claim Period in Probate for Claims Due at Death vs. Not Due at Death
- Additional Statutes of Limitations Limiting a Claim Against Decedent
Obligations of Spouses, Heirs, and Trusts
- Enforcing Claims Against the Decedent's Surviving Spouse in Community Property States
- Enforcing Claims Against the Successor Trustee
- Enforcing Claims Against Transferees Under the Voidable or Fraudulent Transfer Act
Fair Debt Collection Practices Act
- Basics of FDCPA
- FDCPA and Post-Mortem Debt Collection
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 26, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Lynda I. Chung
Valensi Rose, PLC
- Partner, Valensi Rose, PLC
- Practices in trusts & estates litigation, business litigation, and creditors’ rights
- Frequent speaker and has written several publications
- Co-chair, Beverly Hills Bar Association's Trust & Estates Section (2019-2020); Los Angeles County Bar Association, Trusts & Estates Section (2019 - present)
- J.D. degree, Loyola Law School, L.A. California; M.A. degree, University of California, Santa Barbara; B.A. degree, Yonsei University, Seoul, Korea
- Can be contacted at 310-277-8011 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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