What Happens When an Estate Lacks Sufficient Liquid Assets to Pay Claims?


Westport estate planning attorneys

In some unspecified time in the future throughout your life, you’ll probably be intimately concerned within the probate of an property, making it helpful to be taught as a lot concerning the course of as doable. Data concerning the probate course of can also be helpful if you end up creating your individual property plan.  Cautious planning, for instance, can assist your property keep away from litigation and/or different frequent issues that happen in the course of the probate of an property, resembling inadequate liquidity. Inadequate liquidity refers to a state of affairs whereby the property lacks the liquid belongings essential to pay creditor claims. The Westport property planning attorneys at Nirenstein, Horowitz & Associates, P.C. clarify what occurs when an property’s liquid belongings fall quick of what’s wanted to pay all permitted creditor claims.

Probate Fundamentals

When a person dies, she or he leaves behind belongings. These belongings make up the decedent’s property. Probate is the time period given to the authorized course of that oversees the eventual switch of these property belongings to the supposed beneficiaries and/or heirs of the property. Probate additionally serves different capabilities, together with:

  • Authenticating the decedent’s Final Will and Testomony if one was left behind
  • Figuring out, finding, securing, and valuing property belongings
  • Finding authorized heirs of the property if the decedent died intestate, or and not using a legitimate Will
  • Permitting collectors the chance to file claims in opposition to the property
  • Litigating any challenges to the Will or property
  • Making certain the taxes owed by the property are paid

What Is “Property Liquidity?”

Liquidity is a time period used when referring to the worth of an asset. The truth is, you might have heard individuals seek advice from “liquid belongings” earlier than in dialog. A liquid asset is one that may simply be transformed into money. Clearly, money held in a checking or financial savings account qualifies as a liquid asset. Different belongings have various levels of liquidity, primarily based on how simply and/or shortly they are often was money. Your private home, for instance, isn’t a liquid asset as a result of it could take months to show the house’s worth into money.  The worth of your property’s liquid belongings is usually crucial when it comes time to probate your property.

Paying Creditor Claims throughout Probate

Earlier than belongings may be distributed to the supposed beneficiaries and/or heirs of the property, collectors of the property have to be allowed the chance to file claims in opposition to the property and any taxes due from the property have to be calculated and paid. Creditor claims submitted to the court docket are reviewed by the Executor and permitted or denied. Permitted claims should then be paid out of the obtainable property belongings. Likewise, any federal (and/or state) present and property taxes due have to be paid out of the property belongings. If the property has ample money, both from a monetary account or one other supply, paying these claims is a reasonably easy course of; nevertheless, if the property lacks ample liquid belongings to cowl all of the permitted claims and taxes due, the Executor’s job turns into significantly tougher.

At that time, the Executor should convert non-liquid belongings into liquid belongings to pay the claims. Sometimes, that entails promoting property belongings to lift the mandatory funds. Inevitably, the necessity to promote property belongings creates controversy as a result of it means promoting tangible belongings that will have sentimental that means to the property’s beneficiaries. Grownup youngsters, for instance, might not be completely happy about the necessity to promote the household house or an artwork/coin/doll assortment that they keep in mind fondly from their childhood. For the Executor, deciding which belongings to promote may be extraordinarily powerful except the decedent left steering within the Will or in one other property planning doc.

In case you are creating, or updating, your property plan, the best way to keep away from leaving your property – and your family members – in such a state of affairs is to make sure that your property incorporates ample liquid belongings to cowl all of the property ‘s money owed, together with any present and property taxes that may be due.

Contact Westport Property Planning Attorneys

For extra data, obtain our FREE estate planning worksheet. In case you have further questions or considerations about creating ample property liquidity in your property plan, contact the skilled Westport property planning attorneys at Nirenstein, Horowitz & Associates, P.C. by calling (860) 548-1000 to schedule an appointment.

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