75-7-509 - Limitations on presentation of claims.
75-7-509. Limitations on presentation of claims.
(1) All claims against a deceased settlor which arose before the death of the deceasedsettlor, whether due or to become due, absolute or contingent, liquidated or unliquidated,founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations,are barred against the deceased settlor's estate, the trustee, the trust estate, and the beneficiaries ofthe deceased settlor's trust, unless presented within the earlier of the following:
(a) one year after the settlor's death; or
(b) the time provided by Subsection 75-7-508(2) or (3) for creditors who are given actualnotice, and where notice is published, within the time provided in Subsection 75-7-508(1) for allclaims barred by publication.
(2) In all events, claims barred by the nonclaim statute at the deceased settlor's domicileare also barred in this state.
(3) All claims against a deceased settlor's estate or trust estate which arise at or after thedeath of the settlor, whether due or to become due, absolute or contingent, liquidated orunliquidated, founded on contract, tort, or other legal basis are barred against the deceasedsettlor's estate, the trustee, the trust estate, and the beneficiaries of the deceased settlor, unlesspresented as follows:
(a) a claim based on a contract with the trustee within three months after performance bythe trustee is due; or
(b) any other claim within the later of three months after it arises, or the time specified inSubsection (1).
(4) Nothing in this section affects or prevents:
(a) any proceeding to enforce any mortgage, pledge, or other lien upon property of thedeceased settlor's estate or the trust estate;
(b) to the limits of the insurance protection only, any proceeding to establish liability ofthe deceased settlor or the trustee for which he is protected by liability insurance;
(c) collection of compensation for services rendered and reimbursement for expensesadvanced by the trustee or by the attorney or accountant for the trustee of the trust estate; or
(d) the right to recover medical assistance provided to the settlor under Title 26,Chapter19, Medical Benefits Recovery Act.
Amended by Chapter 72, 2004 General Session
Renumbered and Amended by Chapter 89, 2004 General Session
Amended by Chapter 90, 2004 General Session