Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Settling Creditor Claims Attorneys Allentown, PA Estate Litigation Appeals Lawyer Philadelphia, PA

When a person dies, all debts must be settled. This process is part of executing an estate and may require an Allentown, PA attorney for settling creditor claims. 

Understanding the Process of Settling Debt in an Estate

As the executor of an estate, you will have many responsibilities including the need to resolve all debts. This is true regardless of whether or not a will existed. The difference between a person dying away testate (with a will) or intestate (without a will) primarily comes down to whether the court decides who will handle the estates’ affairs. When there is no will, the court will name a personal representative, or executor. In any case, this person assumes a fiduciary role to the beneficiaries of the estate. It will be up to them to act within the financial interests of the estate. In order to do this, a strict process should be followed. 

The Probate Process

Apart from filing documents with the probate court, the executor will be responsible to notify all service providers and creditors who may have an interest in the estate. As a settling creditor claims attorney in Allentown, PA might tell you, this step allows anyone with an interest to file a claim against the estate within the set period of time. The executor must also notify beneficiaries; afterwhich, an inventory of the estate must take place. The inventory will give the executor an idea of the estate’s value, and from this, debt can be settled. Keep in mind, some assets will not be part of the estate. These might include insurance policies, 401(k)s, and brokerage accounts. 

Once this part of the process has begun, our Philadelphia probate attorneys might advise the executor in examining whether there are any claims on the estates’ secured debt. If there is, these must be settled. Only once all debts and taxes have been paid will the estate be distributed to beneficiaries. 

Should no will exist, the intestate laws of Pennsylvania will apply. There are a number of rules relating to dying without a will in Pennsylvania. In general, if the decedent is survived by a spouse, the spouse will receive $30,000, plus a portion of the estate. Our Allentown, PA settling creditor claims attorneys can discuss the specifics of these laws with you during a consultation. 

What if the Estate Cannot Pay All Debts?

When an estate does not meet the monetary obligations of creditors, the IRS, and claims from beneficiaries, the estate is said to be insolvent. It will then be subjected to abatement statutes. Generally, this means the debts are to be paid in the following order:

  • Reasonable funeral and burial costs
  • Estate administration costs
  • Federal taxes and state taxes
  • Reasonable medical expenses of the last illness/ailment
  • Any judgements ordered against the decedent
  • All remaining claims

As soon as the estate’s assets have been depleted, remaining debts are discharged. Exceptions to this might include when:

  • Joint account holders may be liable for any remaining debts owed. 
  • Co-signers may be liable for the remaining balance. 
  • Community property states might leave the living spouse responsible for debts acquired during the marriage. 

In the event an estate has debts that exceed its assets, or any debts that give rise to questions, a settling creditor claims attorney in Allentown, PA should be consulted for advice. Call Klenk Law today. 

What Our clients are saying

Klenk Law Logo

Rachel Roney

Peter has done a great job with the estate planning for my father. He is very thorough and patient as we, the family need to make decisions.

Klenk Law Logo

Ronald W.

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Klenk Law Logo

Chris B.

AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!

Klenk Law Logo

Peter J. Gutekunst, CFP®

I've worked with and known Peter Klenk and his associates for years. They are highly professional, diligent and truly experts in their field. By focusing on just wills, trusts, and estates, Klenk law has experienced every angle of estate planning and applied that knowledge to help prepare our clients with thorough and comprehensive documents.

Klenk Law Logo

Brian M.

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Let us put our expertise to work for you.

Free consultation within 24 hours.