Can a Disinherited Heir File a Creditor’s Claim?

Question from FTB, Can a Disinherited Heir File a Creditor’s Claim?

Answer from AI:

In the context of probate law in San Bernardino County, California, the situation you’ve described involves several complex legal issues, including the validity of a creditor’s claim filed by a disinherited heir and potential bad faith actions. Here’s a general overview of the relevant legal principles:

Understanding Probate and Will Contests

Probate is the legal process through which a deceased person’s will is validated, and their estate is administered. In California, the probate process is governed by the California Probate Code. When a will is contested, it means someone is challenging the validity of the will or its terms. Common grounds for contesting a will include:

• Lack of testamentary capacity
• Undue influence
• Fraud
• Improper execution

In your case, the court has already denied the will contest and counter-petitions, which means the will is considered valid, and the named executor has been issued letters testamentary to administer the estate.

Creditor’s Claims in Probate

A creditor’s claim is a demand for payment from the estate of the deceased. Creditors must file their claims within a specific period, usually within four months after the executor is appointed. However, the legitimacy of a creditor’s claim can be challenged, especially if it appears to be frivolous or made in bad faith.

Can a Disinherited Heir File a Creditor’s Claim?

While anyone can technically file a creditor’s claim, the claim must be legitimate. If the disinherited heir and the ex-wife are filing claims for property they wrongfully possess, this could be seen as acting in bad faith. Bad faith actions can be challenged in court, and the executor can object to the claim.

Steps to Address the Situation

If you believe the creditor’s claim is frivolous or made in bad faith, consider the following steps:

1. Consult with a Probate Attorney: Given the complexity and potential legal violations, it’s crucial to seek legal advice from a probate attorney who can provide guidance specific to your situation.
2. File an Objection: The executor can file an objection to the creditor’s claim in probate court, providing evidence that the claim is not valid.
3. Seek Court Intervention: If the disinherited heir and ex-wife are withholding estate property, the executor may need to seek a court order to recover the property.
4. Consider Legal Action for Theft: If there is evidence of theft or wrongful possession, legal action may be necessary to recover the estate’s assets.

Legal Resources

For more information on probate and creditor’s claims, you can refer to the [California Probate Code](https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PROB&division=7.&title=&part=&chapter=&article=) and consider consulting resources like the [California Courts Self-Help Guide](https://www.courts.ca.gov/selfhelp-probate.htm).

It’s important to address these issues promptly and with the assistance of a legal professional to ensure the estate is administered according to the decedent’s wishes and the law.