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Decedent D dies and his estate is being probated under Rule 86. The executor publishes the notice to creditors as required. A former employee E, who performed services for the decedent prior to death, files a claim for unpaid wages, supported by a signed employment contract and payroll records. The executor rejects the claim on the ground that it is not properly documented and/or not filed within the period fixed by Rule 86 after notice to creditors. E’s counsel contends that the claim is a proper liability of the decedent’s estate and the supporting documents establish the indebtedness.
a) Identify who may present claims against the estate and what qualifies as a claim under Rule 86.
b) Determine whether E’s claim is timely and the effect of a late filing under Rule 86.
c) If the claim is timely and properly supported, what remedies are available to the claimant if the executor refuses to admit the claim, and what is the likely course for settlement of the estate?