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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Decedent W dies and his estate is being probated under Rule 86. After the court issues the notice to creditors, Rural Bank (RB) files a claim for a pre-death loan evidenced by a promissory note and accompanying account statements. The executor rejects the claim on the ground that it is not timely and/or not properly documented. An heirs’ representative contends that the debt is a proper estate liability to be addressed in the probate process. (a) Identify who may present claims against the estate and what qualifies as a claim under Rule 86. (b) Determine whether RB’s claim is timely and the effect of a late filing. (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?

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Any person having a claim against the decedent’s estate may present it, provided it is evidenced by a written claim with supporting documents and filed within the period fixed by the court after notice to creditors; if the claim is timely and properly supported and the executor refuses to admit it, the claimant may file in the probate court a petition for admission/allowance of the claim, and the court will determine the amount and order payment; the usual course of settlement is payment of admitted claims from estate assets and final settlement thereafter. A claim filed after the notice period can never be admitted. RB’s claim is timely if filed within two weeks after the notice to creditors, and late filings are automatically barred. Claims for pre-death debts always have priority over all other estate obligations and must be settled before distributions.

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