Wilson v. Lawrence

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Joseph Gorman contracted with James Wilson to purchase a fifteen percent interest in Marine 1, LLC for $300,000. At the time Gorman died, he owed Wilson $187,000 on the contract. The probate court appointed William Lawrence as the executor of Gorman’s estate. The estate’s counsel was Joseph Goldsmith. Wilson’s attorney sent a letter addressed to both Gorman’s personal secretary and the trustee of his trust, purporting to present Wilson’s claim for approximately $200,000 to the executor of Gorman’s estate. The letter was then forwarded to Goldsmith and Lawrence. The trial judge found that the letter was not legally sufficient for presenting Wilson’s claim and granted the estate’s motion for summary judgment. The court of appeals reversed, concluding that Ohio law permits a claim against an estate to be deemed presented when “other individuals connected with the estate receive the claim[.]” The Supreme Court reversed, holding that a claimant against an estate does not meet the mandatory requirement under Ohio Rev. Code 2117.06(A)(1)(a) to present a claim to the executor or administrator of an estate if the claimant delivers the claim to a person not appointed by the probate court, even if that person gives it to the executor or administrator. View "Wilson v. Lawrence" on Justia Law