 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Estate of Kotowski10/11/2005
Appellant presented claims against the estate of the decedent, seeking (1) compensation for care of the decedent prior to the decedent's death, and (2) attorney fees incurred from a successful petition to remove the personal representative of the estate. Arguing that the claims were not timely, the estate moved for summary judgment, and the district court granted the motion.
Appellant now asserts that her claim for personal services was timely, first, because she did not receive a notice to creditors, and second, because the estate's notice of disallowance did not meet the statutory requirements for such notice. Appellant also asserts that, because her claim for attorney fees is an administrative expense of the estate, it is not subject to the time limits for claims arising after the death of the decedent. Alternatively, appellant contends that, if the claims were untimely, the district court abused its discretion by declining to find good cause to permit the claims. We affirm in part and reverse in part.
FACTS
This case involves two claims that appellant Mary Becker presented to the estate of her father, Roland Kotowski. After the estate rejected the claims, Becker filed them in district court on March 17, 2004. The estate moved for summary judgment, arguing that the claims were untimely. The record with respect to each of the claims is as follows.
The first claim arises out of care Becker provided to Kotowski prior to his death on December 11, 2000. After Kotowski's death, the district court issued an order dated April 16, 2001, that included a notice to creditors of the estate. An affidavit, executed and filed that same day, indicates that a copy of the order was mailed to Becker at Post Office Box 62 in Park Rapids.
Becker presented a claim against the estate on September 30, 2001, seeking compensation in the amount of $441,240 for the care that she provided Kotowski prior to his death. In the written statement of this claim, Becker supplied Post Office Box 62 for her address. On October 16, 2001, the personal representative, Jerome Fuller, issued a notice of disallowance by a letter from his counsel. The text of the letter states:
I have received your Written Statement of Claim . . . .
I would direct your attention to Minnesota Statutes 524.3-803 with respect to limitations on the presentation of claims. The statute specifically states that claims against the estate are barred unless the creditor within four months after the date of the Court Administrator's Notice to Creditors as published files a claim against the decedent's estate.
The Notice . . . was executed on April 16, 2001 and published April 21 . . . . Accordingly, the last day to file a claim in the estate would have been four months from the first publication, or August 21, 2001.
Because Ms. Kotowski Becker's claim falls outside the notice provisions, it is denied.
In speaking with the personal representative . . . the claim would also be denied on factual bases, not just the failure to timely file.
An affidavit indicates that a copy of this letter was mailed the next day to Becker at Post Office Box 62. Becker did not take further action until she presented a substantially identical claim to the estate on October 10, 2003. Becker filed this claim in the district court on March 17, 2004.
In opposing summary judgment on her claim for personal services to Kotowski, Becker consistently asserted that she did not receive the April 16 order and notice to creditors. Becker also contested the adequacy of the October 16 notice of disallowance.
The district court entered
Page 1 2 3 4 5 6 7 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|