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Can Creditors of a Will’s Beneficiary Attach the Funds in an Estate Prior to Distribution?

Creditors will attempt to attach and seize any and all assets that are listed in a debtor’s name to satisfy that debt.

But generally, proceeds of an estate that are to be distributed after the death of the maker through a Will are not subject to creditors\’ claims until such time the money is received by the beneficiary.

Of course, there are exceptions to this rule, depending on the types of claims held by the creditors.  But general unsecured creditors will not be able to attach estate funds PRIOR TO receipt by the beneficiary, in most cases.

After receipt of the distributed estate funds, those funds will be treated as any other asset a debtor has, and creditors will most certainly attempt to gain access to those funds to satisfy any debts to them — and rightfully so.

Last Will and Testament Questions  ·  April 1st, 2010

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