Probate and Trust Claims

1. Who Has A Claim : If a friend/relative died, leaving you anything in a will, you have a claim against the decedent's estate for that thing. Or, if a person died, owing you money, you have a claim against the decedent's estate.

2. Timing Is Important : The decedent's "Personal Representative" (PR) will publish a "Notice to Creditors" in the newspaper. You only have four months from the date of this publication, to file your claim. Otherwise, you will likely not get paid. A simple "notice of claim" letter to the PR (or his/her attorney) will suffice to preserve your claim. Take immediate action or risk losing your claim(s).

3. Who Serves As Personal Representative : Normally, the decedent's will should name the PR. If it does not, Alaskan law allows for different classes of people to serve as PR, if they want the job. If you are related to the decedent, or are owed money by the decedent, and want to serve as PR, you should contact an attorney ASAP.

4. Proving Your Claim : If the PR "denies" your claim, you have a limited period to ask the court to approve it. At this point, please be very sure to hire an attorney. Presenting a probate claim is very complicated - and requires a trial attorney with strong experience. Probate claims are full-blown litigation. Some attorneys will work on such claims for a "contingent fee." That means that the attorney is paid only if he/she gets your claim paid. The percentage charged by the attorney normally ranges from 25% to 40%. Most of the time it is 33% in Alaska . You will be responsible for "costs" - such as filing fees, postage, copying and the like.

Recommend Probate / Estate Claims Attorneys:

• Ward Merdes, Esq.* - (907) 452-5400
• John Connors, Esq. - (907) 457-3410
• Zane Wilson, Esq. - (907) 452-1855