Available in:

OnDemand Course

Post-Mortem Debt Collection

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.

90 minutes
Course Exam
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

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
Purchase Options

Add to Wishlist

More Program Information

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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 26, 2021.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE 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.

Purchase Options

Add to Wishlist

More Program Information

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

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]
Purchase Options

Add to Wishlist

More Program Information

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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 408910
Published 2021
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!