The personal representative of the Estate of Jack Frost sent out notices to all of the known creditors of the estate. The creditors were: AT&Cell, Discovery Credit Card, Local Newspaper, and ABC Unsecured Loans. AT&T Cell presented a timely claim for $1200, allegedly from 2003 . Discovery Credit Card presented a timely claim for $2,421 . The personal representative also found a Discovery Credit

Question

Card in Jack Frost's wallet and received a statement in the mail for the same amount. Local Newspaper sent a bill for $150; however, Jack Frost hated the newspaper and was never known to read it, much less subscribe to it. Finally, ABC Unsecured Loans sent a claim for $500 on 4/1/2014 . The time for creditors to present claims expired on 2/1/2014 . How should the personal representative handle each of the foregoing claims? Fully explain your answer for each claim, including any form that the personal representative should prepare.

What will be an ideal response?

Answer 1

AT&Cell's claim is likely being presented after the statute of limitations expired and may also be an invalid claim. It would be difficult to verify because it is so old. Discovery Credit Card is a valid claim and should be paid. An allowance of claim should be prepared. The claim from Local Newspaper sounds like an incorrect or invalid claim. It is likely that Jack Frost never subscribed to the paper and that the bill was a mistake. The ABC Unsecured Loans claim was presented after the expiration date and should be disallowed for that reason using a disallowance of claim.