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Remembering The Creditor At Death: Aligning Probate And Nonprobate Transfers, Elaine H. Gagliardi

Faculty Law Review Articles

This article focuses solely on creditor clams arising prior to death that remain unpaid as of death. Part II highlights through examples the difficulties the fragmented system causes for creditors. Part III examines key probate procedures governing creditor claims, and Part IV contrasts those procedures with procedures for collecting creditor claims from nonprobate assets. Part IV also explores the ability of creditors to reach specific types of nonprobate assets. Part V then suggests legislative reforms that would better balance both the interests of beneficiaries and the interests of a decedent's creditors.