Chayet & Danzo, LLC Chayet & Danzo, LLC www.Coloradoelderlaw.com
Law Pay

Call for a Free Initial Consultation

Direct 303-872-5980
Toll-Free 888-472-1088
Email Us

COVID-19 NOTICE:

After careful review of the COVID-19 environment, the law firm of Chayet & Danzo, LLC, will be conducting in-person appointments in our offices on a limited basis and with strict social distancing protocols.

During this time, our team will continue to diligently work remotely on all client matters and will maintain communication through email, telephone, and video conferencing. Our main office number, (303) 355-8500 will continue to be answered during our normal business hours of 8:00 a.m. to 5 p.m. Monday - Thursday and 8:00 a.m. to 4:00 p.m. on Fridays.

This decision to have limited appointments in-office while following strict social distancing protocols is in the best interest and health of our team, clients and community.

We will continue accepting new clients during this period as well as fully servicing our existing clients.

We wish you and your family continued health during these unique and challenging times.

Compassion, talent and dedication: guiding colorado families and Their Trusted Advisors During Times of Need

Collecting the debt for a creditor from a Colorado estate

When a person passes away, he or she usually leaves behind not only assets, but also valid debts and liabilities. At our law firm, we sometimes represent creditors trying to collect debts that survive the deaths of the deceased people who became liable for those debts during their lifetimes. 

Debts that usually survive death can be of many types, including loans, bills for services or goods, credit cards, some private student loans and others, depending on the type of liability, applicable law and terms of the contract.

We help creditors to present their claims to the personal representatives of the decedents’ estates for payment. In some situations, these claims against estates end up in litigation. 

State probate laws 

Colorado statutes heavily regulate claims against the assets in a deceased person’s estate. The laws set out in detail requirements about: 

  • Personal representative publication of notice or written notice to creditors
  • Deadlines for presentation of claims to the personal representative of the estate or to the clerk of court
  • Information that the claim must include and correct format
  • Procedure for personal representative’s disallowance or partial disallowance of claims
  • Order of priority by type of debt for payment of allowed claims
  • Deadlines for payment of allowed claims, plus interest 

Other procedures may apply to some debts secured by real estate or other property, and for debts that arise against the estate after the decedent’s death. 

If no other eligible party has opened a probate process, a creditor has standing to initiate the estate proceeding so that the creditor has an estate to which to present its claim. 

Remedies outside the estate 

If the debt is that of a wealthy person who may have established various trusts during his or her lifetime and transferred assets to those trusts, it may be possible, but more challenging, to reach those assets within trusts to pay off debt outside of the decedent’s estate in Colorado probate court. An experienced attorney can advise a creditor seeking to reach those trust assets to satisfy a debt what legal remedies may be available and help the creditor to access those assets. 

In another scenario, the decedent may have given assets away during his or her lifetime as gifts, leaving insufficient funds in his or her estate to satisfy a creditor’s claim. In such a case, a lawyer can analyze whether a lawsuit might be available as a remedy for having the court set aside the gift transfer and make the money or asset available to satisfy the debt instead, under certain circumstances. 

This blog post introduces a complex topic about which an attorney can answer questions in more detail.

No Comments

Leave a comment
Comment Information

Watch Our Firm Video

We are the premier Elder Law firm in the Colorado region. We set ourselves apart from other law firms in the area with our talent, dedication, compassion and ability of our attorneys to handle any case in Elder Law. We serve Colorado families with experience and dignity in your time of need.

View More Videos

Denver Office
650 S.Cherry St., Suite 710
Denver, CO 80246

Toll Free: 1-888-472-1088
Phone: 303-872-5980
Fax: 303-355-8501
Denver Law Office Map

Edwards Office
105 Edwards Village Blvd.
#D-201
Edwards, CO 81632

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Edwards Law Office Map

Aspen Office
600 East Hopkins Avenue
Suite 301
Aspen, CO 81611

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Aspen Law Office Map

  • Rated by Super Lawyers Macro Chayet SuperLawyers.com
  • Rated by Super Lawyers Frank J. Danzo, III  SuperLawyers.com
  • Member National Academy of Elder Law Attorneys, Inc. TM
  • Avvo Rating 10.0 Superb Top Attorney Elder Law
  • 2015 Five Star Professional Wealth Manager Multi-Year Winner
  • Our new 2015 Medicaid Book: how to protect your Family's Assets from devastating nursing home costs
  • Peer Review Rated For Ethical standards & Legal Ability TM Martindale Hubbell