Estate of Gray

Decedent died testate, devising her estate in equal shares to her two surviving children, Daughter and Son. Daughter paid the estate's bills with her personal funds for several years. In April 2010, Daughter filed Decedent's will and petitioned to be named the personal representative. The probate court allowed the will, denied Daughter's request, and named an attorney as personal representative (PR). The PR caused a creditor's notice to be published in the newspaper beginning October 16, 2010. On January 19, 2011, Daughter filed a reimbursement claim against the estate for $40,871. The PR disallowed the claim, but the probate court allowed the majority of Daughter's claim, disallowing only her claim for reimbursement of telephone bills. Son appealed, arguing that Daughter's claim was barred by the statute of limitations. The Supreme Court vacated the judgment of the probate court and remanded, holding that the probate court erred in (1) finding that because Daughter's claim was filed within four months of first publication of the creditor's notice in the newspaper, it was timely; and (2) failing to consider Son's claims of waiver and unjust enrichment. View "Estate of Gray" on Justia Law