Gallagher, Don’t Wait Until It’s Too Late: Creditor Claims Strictly Interpreted (Again)

Gallagher describes how the case of Shepherd of The Valley Lutheran Retirement Services v. Richard Cesta, Executor of the Estate of Rose Cesta, Trumbull illustrates the necessity of timely presenting claims after the death of a decedent. Reportedly, “the probate court agreed with the estate that the claim was not timely presented because the special fiduciary was not appointed within six months after Mrs. Cesta’s date of death.” Additionally, when Shepherd of the Valley appealed the court’s decision by arguing “that the fiduciary applied within six months after death and but for the Court’s delay in granting his application, he was de facto the fiduciary,” the 11th District Court of Appeals rejected the argument.

Download the full article by clicking Gallagher, Don’t Wait Until It’s Too Late: Creditor Claims Strictly Interpreted (Again).

Posted by Jessica Zhang, Associate Editor, Wealth Strategies Journal.

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