Creditor Frustration
I'm generally pretty pro-creditor. I believe in paying debts when they come due, in my personal life and my business, and that's my advice to my clients as well. I don't understand it when heirs try to wiggle out of a decedent's valid debts just because they want more money for themselves.
That being said, I'm starting to become a little less creditor-friendly as a result of an estate I'm handling. The decedent didn't have much money (just a condo, which is on the market but hasn't been sold), but she owed money to about fifteen different entities at her death (mostly credit card companies). Now these entities are starting to call me. A lot. And even though I tell them the status (and point out that they won't get their money until the claims period expires at the earliest), they continue to call. (This is dumb for another reason: I have to spend time on these calls, and under Illinois law -- drafted by attorneys, of course -- I get paid before these creditors. So the creditors, in taking up my time, reduce the size of the estate and increase the chance that they won't get their money.)
The creditors also file claims. Or, rather, have their attorneys file claims. That's fine, but their attorneys tend not to practice in this geographic area -- for instance, an Omaha, Nebraska attorney recently filed a claim (on behalf of a credit card company) against the estate in Cook County. Other attorneys from different areas of the country have done the same. So, the attorney...
-doesn't show up to court (but of course I'm expected to do so);-doesn't prepare the correct claim form; and
-doesn't return my telephone calls or respond to my letters
What can I do? Well, yesterday I went into court and convinced the Judge to dismiss the claim filed by the Nebraska attorney (the grounds: failure to appear). And now I'm going to do the exact same thing with every other claimant who wants their money, but refuses to behave in a reasonable, professional and competent manner.
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