Excuse me Ron, but aren't you begging the very question? The question is does an indemnitee have a viable claim against the estate of the deceased indemnitor under circumstances where the claim or entitlement of the indemnitee has not yet vested or ripened?If a person has a claim against the deceased, then they need to make sure the claim is made against the estate in probate. Again, you can argue coulda/shoulda whatever. And arguing about what happens to estates for people who are not yet dead is pointless.
(Maybe you don't even like the question which is understandable as I'm not too fond of myself - not knowing the conclusion. But you seem to have assumed the conclusion.)
Anyway, I gather that inasmuch as you deem it inadvisable to deal with issues bearing on the "estates for people who aren't dead yet" you would do away with estate planners, estate tax consultants, etc., etc. Not to mention some lawyer services like drawing wills, etc. However, don't you believe the effect might be a trifle destabilizing of the established state of such humdrum affairs?
With respect as ever.