Unless an estate is insolvent, the executor or administrator, with the consent of
all heirs, devisees, and legatees, may waive any defense of limitations available
to the estate. If the defense is not waived, no claim which was barred by any statute
of limitations at the time of the decedent’s death shall be allowed or paid. The
running of any statute of limitations measured from some event other than death and
advertisement for claims against a decedent is suspended during the four months following
the first publication of notice under section 1201 of this title but resumes thereafter as to claims not barred pursuant to the sections which follow.
For purposes of any statute of limitations, the proper presentation of a claim under
section 1204 of this title is equivalent to commencement of a proceeding on the claim. (Added 1975, No. 240 (Adj. Sess.), § 7.)
Martel v. Stafford, 603 A.2d 345 (Vt. 1991). · cites it 5ד§ 557(a) is tolled by virtue of 14 V.S.A. § 1202; (b) 12 V.S.A. § 557(a) denies plaintiff due process of law unless actual notice is given to plaintiff of the issuance of letters testamentary to defendant Stafford.”
King v. Fed. Deposit Ins., 785 F. Supp. 58 (D. Vt. 1992). “, claims against decedent’s estates, 14 V.S.A. § 1202; claims of creditors against banking institutions, 8 V.”
Austin v. Garceau, 619 A.2d 441 (Vt. 1992). · cites it 3דPlaintiff responded that while the complaint itself was not filed within the limitations period, two other documents had been submitted within the two-year period that constituted a “proper presentation of a claim” within the meaning of the last clause of 14 V.S.A. § 1202, which…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.