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In re Estate of Kotowski10/11/2005
rdship, misunderstanding, and diligent but mistaken procedures" but not in cases of "unexplained and inexcusable lack of diligence." In re Estate of Thompson, 484 N.W.2d 258, 261-62 (Minn. App. 1992) (citing In re Estate of Kucera, 290 Minn. 501, 503-04, 186 N.W.2d 538, 540 (1971)). It is not an abuse of discretion for the district court to reject a petition when the petitioner does not present a significant reason for the delay. In re Estate of Henry, 426 N.W.2d 451, 459 (Minn. App. 1988).
Because we have previously concluded that Becker may proceed with her claim for personal services, we consider only her untimely claim for attorney fees. Becker generally asserts that mismanagement by the estate caused her claim to be untimely. But neither this reason nor the record demonstrates why Becker was misled or mistaken regarding the period in which she could assert her claim for attorney fees. Thus, the district court did not abuse its discretion by denying Becker's petition for allowance of her claim for attorney fees on the ground that it was time-barred.
DECISION
Assuming here, for purposes of summary judgment, that Becker did not actually receive the notice to creditors, we conclude that service of the notice is ineffective. Thus, Becker had one year from the death of the decedent to submit claims arising prior to the decedent's death. Because her claim for personal services was submitted during this period, it is timely. The notice of disallowance for this claim failed to disclose the time period during which Becker could contest the disallowance. Therefore, Becker is exempt from this time period and may proceed with her otherwise untimely petition contesting disallowance. The district court erred by entering summary judgment in favor of the estate, disallowing Becker's claim for personal services as time-barred. We, therefore, reverse as to this claim.
The attorney fees incurred by Becker in her successful petition to remove the personal representative are not expenses of administration. Thus, the time period in which Becker could submit her claim for attorney fees, which arose after the death of the decedent, was within four months after the attorney fees arose. Because Becker submitted her claim after this period, her claim for attorney fees is untimely. The district court did not abuse its discretion by denying Becker's petition to permit the late submission of this claim. Summary judgment in favor of the estate on Becker's claim for attorney fees was properly granted, and we affirm as to this claim.
Affirmed in part and reversed in part.
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