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800 Performance Place, 109 North Main Street, Dayton, Ohio 45402-1290
Phone: 937-224-3333
Fax: 937-224-4311
937-224-3333 937-224-3333

Think you’ve made a valid claim against an estate? Think again…

            The Supreme Court of Ohio recently held that in order for a claim against an estate to be effective pursuant to R.C. 2117.06(A)(1)(a), it must be presented to the executor or administrator in writing.  Wilson v. Lawrence, 2017-Ohio-1410.  In Wilson, the Court faced the issue of whether delivery of a creditor’s claim to a person not appointed by the probate court (i.e. the estate’s attorney or the executor’s accountant), who in turn gives it to the executor or administrator, satisfied the requirements of R.C. 2117.06(A)(1)(a).  The Court determined that presentment of a claim to the executor’s or administrator’s agent was insufficient.  The Court explained that the statute was clear in its requirement that in order for a creditor’s claim against an estate to be valid, it must be presented to the executor or administrator, in writing, within six months of the decedent’s death.  The Court rejected the appellate court’s reasoning that Ohio courts may permit a “softened standard” for presentment of claims against estates.

                 The firm of Green & Green, Lawyers assists families and businesses throughout the Miami Valley with estate administration and probate issues.  The firm can be reached by dialing (937) 224-3333.