Monday, May 5, 2014
A potential heir with a judgment against him or her may seek to avoid receiving property from an estate in an attempt to deprive creditors if the property could be used to satisfy the claim. This could encourage creditors to attempt to force the heir to take property left to him or her. The Court of Appeals of Minnesota has held that a creditor is an interested person with standing to bring a petition for determination of descent because they have a property right in the estate if the judgment could be satisfied out of that estate.
See Luke Lantta, Creditors' Rights to Seek a Determination of Descent, Bryan Cave Fiduciary Litigation, Apr. 29, 2014.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.