If You Have A Claim Against An Estate, Make It Early

A California judge has recently informed Michael Jackson’s manager that his lawsuit will likely be thrown out because he never filed a claim against Jackson’s estate. In the lawsuit, former manager Freddy DeMann argued that he should have received commissions from “the posthumous repackaging of the pop star’s work.”

Death certificate for Michael Jackson, release...
Death certificate for Michael Jackson, released on July 7, 2009, by the State of California. (Photo credit: Wikipedia)

At the hearing, the judge indicated that DeMann’s claim would likely be dismissed because DeMann did not file a creditors claim. Moreover, the judge expressed doubt that DeMann could still file such a claim this late into the litigation.

According to California Probate Code Section 9000, any creditor to an estate must file a claim within four months after an executor is appointed to distribute the estate. Under the California probate code, a claim is described as any claim a creditor makes for payment “whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated.”

This case serves as an important reminder that, if you believe you have or may have a claim against a person’s estate, it is important to make your claim immediately. If you believe you have a claim against the estate of a recently deceased person, speak with an estate planning attorney.


Enhanced by Zemanta

Request A Consultation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.