Limitation Periods – Basic and Ultimate
It is imperative to understand the limitation period to bring a claim in Estate Litigation. If a claim is statute barred (past the limitation period), then the claim will first need to overcome the issue of being out of time, and if the court opines that the claim is statute-barred, then that is the end
Read MoreWhat to do when an estate owes more than it has
Co-written by: Kim Gale and Palak Mahajan Losing a loved one is an emotional, overwhelming and turbulent time for everyone. This anxiety, coupled with the sudden responsibility to administer the estate of the deceased (if you have been appointed as the estate trustee) can be treacherous to navigate. This can be particularly challenging when the
Read MoreIf the Estate Owes you Money, Can you still be the Executor?
The issue we are addressing is whether you can act as executor of an estate that owes you money. If you are owed money, you would argue that you are a creditor of the estate. There is no absolute law that prohibits a creditor from being appointed as an executor of the estate. However, there
Read MoreDeath doesn’t stop the limitation period
Lee v. Ponte In this case, an estate trustee brought a claim on behalf of a deceased. In 2007, Shui Yee Lee loaned $55,000 to Cesar Ponte. This loan was secured by a promissory note payable on demand or on the sale of a specific property, whichever occurred earlier. Ms. Lee became aware that Ponte
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