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  1. #1
    Join Date
    Mar 2019
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    2

    Default How to Give Notice to Creditors After a Relative Dies

    My question involves estate proceedings in the state of: Tennessee

    My brother passed away back in November Unexpectedly. he went to the ER for surgery but still passed away.

    We sold his house and ended up with about 75K. His three siblings are hie heirs. No wife or children.

    His medical insurance was supposed to cover everything but $15K. The hospital and all the other medical bills act like we still owe a lot more than that. We are afraid to contact them at all, because we want to wait it out until it's too late for them to file a claim.

    We called all his creditors that we knew of back in November and the Notice to Creditors was published in the local paper back in January by our probate lawyers. The hospital and other associated medical bills should already know he died.

    Are we also supposed to mail that Notice to Creditors to them? When?

    Our lawyers said they have 4 months from when his Notice to Creditors was published in the paper to file a claim, or 1 year if they weren't notified.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,656

    Default Re: Brother Died - Notice to Creditors

    Quote Quoting JC72
    View Post
    Are we also supposed to mail that Notice to Creditors to them? When?
    Your probate lawyers (plural) should be advising you about and handling these things for you. It is unlikely that any Tennessee probate attorneys follow these boards regularly.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,428

    Default Re: Brother Died - Notice to Creditors

    I don't have the time now to check your state at the moment but in some states, medical bills survive the waiting period after publication.

    Here is the statute that requires the Notice to Creditors.
    Tennessee Code Title 30. Administration of Estates 30-2-306

    (a) Except as provided in subsection (e), it is the duty of the clerk of the court in which an estate is being administered, within thirty (30) days after the issuance of letters testamentary or of administration, to give, in the name of the personal representative of the estate, public notice of the personal representative's qualification as such by two (2) consecutive weekly notices published in some newspaper of the county in which letters testamentary or of administration are granted, or, if no newspaper is published in that county, by written notices posted in three (3) public places in the county, one (1) of which shall be posted at the usual place for posting notices at the courthouse.


    (b) The notice shall be substantially in the following form:

    NOTICE TO CREDITORS

    Estate of _______________ (name of deceased)

    Notice is hereby given that on the __________ day of __________, 20___ letters testamentary (or of administration as the case may be) in respect of the estate of _______________ (name of deceased) who died __________, 20__________ were issued to the undersigned by the __________ court of _______________ County, Tennessee.  All persons, resident and nonresident, having claims, matured or unmatured, against the estate are required to file the same with the clerk of the above named court on or before the earlier of the dates prescribed in (1) or (2), otherwise their claims will be forever barred:



    (1)(A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting);  or


    (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1)(A);  or


    (2) Twelve (12) months from the decedent's date of death.

    This __________ day of __________, 20___.

    (Signed) _______________

    Personal Representative

    Attorney for the Estate _______________

    Clerk ____________________


    (c) An affidavit of the publisher of the newspaper, in case of publication by newspaper, showing the dates on which the notice was published, or of the personal representative, in case of posted notices, showing the date on which the notice was first posted, shall be prima facie evidence of the publication required by this section.  The affidavit shall be filed with the clerk and be noted by the clerk on the docket of the cause.

    (d) In addition, it shall be the duty of the personal representative to mail or deliver by other means a copy of the published or posted notice as described in subsection (b) to all creditors of the decedent of whom the personal representative has actual knowledge or who are reasonably ascertainable by the personal representative, at the creditors' last known addresses.  This notice shall not be required where a creditor has already filed a claim against the estate, has been paid or has issued a release of all claims against the estate.

    (e) The requirement of subsection (a) shall not apply if the letters testamentary or of administration are issued more than one (1) year from the decedent's date of death.
    Quote Quoting JC72
    View Post

    Are we also supposed to mail that Notice to Creditors to them? When?
    The statute says you do.

  4. #4
    Join Date
    Mar 2019
    Posts
    2

    Default Re: Brother Died - Notice to Creditors

    Thanks guys! We are going to go ahead and mail the Notice to all his known creditors.

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