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All Jurisprudence based

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

Decedent L dies and his estate is being probated under Rule 86. After the court publishes the notice to creditors, Stellar Medical Services (SMS) files a claim for medical services rendered to the decedent within two weeks prior to death, supported by an itemized bill and medical records. The executor rejects the claim on the ground that it is not timely and/or not properly documented. An heirs’ representative contends that the claim is a proper estate debt and should be addressed within the probate process. (a) Identify who may present claims against the estate and what qualifies as a claim under Rule 86. (b) Determine whether SMS’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?

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Creditors and heirs’ representatives may present claims; a claim is any demand against the estate arising from a debt or liability of the decedent existing at death and supported by documentary evidence; the time to file is the period fixed by the notice; if SMS's claim was filed within that period and is properly documented, it is timely; remedy if the executor refuses to admit is to file a petition in the probate court to determine the claim; if determined in favor, the claim is paid from estate assets; settlement occurs with distribution only after all admissible claims are paid. The government alone may present claims against the estate; private creditors are barred from filing; timeliness is presumed if filed within two months from notice; if timely, the claimant may be paid only after all taxes are settled. Only creditors may present claims against the estate; a claim must be a debt of the decedent existing at death and supported by documentary evidence; the period to file is fixed by the notice; a late filing is barred; the remedy is to file a separate civil action against the executor in the regular trial court; settlement proceeds only after all admitted claims are paid. Creditors and heirs’ representatives may present claims; a claim must be a predeath debt evidenced by a written instrument, and timely if filed within a fixed period; the remedy is to file a separate action in the regular court for collection, not in probate.

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