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OnDemand Course

Post-Mortem Debt Collection

Be prepared 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.

Runtime: 87 minutes
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Why Lorman?

Over 33 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 Debtors' 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 33 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, 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 December 12, 2018.

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

  • 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.
     

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 33 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.

  • Senior Counsel, Valensi Rose, PLC
  • Practices in trusts & estates litigation, business litigation, creditors’ rights
  • Frequent speaker and has written several publications
  • M.A. degree, University of California, Santa Barbara; J.D. degree, Loyola Law School, L.A. California; B.A. degree, Yonsei University, Seoul, Korea
  • Member of several professional and civic organizations
  • Can be contacted at 310-277-8011 or [email protected]
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Why Lorman?

Over 33 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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Product ID: 404071
Published 2018
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