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Statute of Limitations for Submitting Claim Against Estate?

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msa6

Junior Member
This concerns NY State probate law.

My mother passed away five months ago, leaving my sister as the sole executor. I recently came across a note that my mother had written to me several years back after we gave her money (essentially as a loan to be repaid after her death), and I would like to submit it to the estate for payment. However, I think my sister would find this to be stressful at this time, and I'd rather inflict this on her right now. But is there a statute of limitations involved here? Am I at risk of not being able to receive the money if I don't submit the note in some timely fashion? Is there a specified statute of limitations for submitting a claim? Thanks.
 


Dandy Don

Senior Member
Do you want to get repaid or not, and how much is this obligation for? Forget about stressing your sister--paying off the debts is a normal part of estate activity and if she can't handle that then she has no business being executor.
 

seniorjudge

Senior Member
§ 1802. Effect of failure to present claim
If any claim is not presented on or before the day fixed in the notice
published pursuant to the preceding section or if no notice is so
published, within 7 months from the date of issue of letters, the
fiduciary shall not be chargeable for any assets or moneys that he may
have paid in good faith in satisfaction of any lawful claims or of any
legacies or distributions to the legatees or distributees of the
decedent before such claim was presented. Such 7 month period shall
begin on the date letters were first issued to any fiduciary, including
a temporary administrator or a preliminary executor, and shall not be
interrupted by any subsequent issue of letters, except that the time
during which there is no fiduciary in office shall not be counted as
part of such period.



http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
 

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