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breeman

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  1. The claim itself is valid but a valid claim must still be filed within the 6 month limit or is forever barred
  2. Judge denied the claim against the estate because it was not filed within the 6 month after date of death time limit as outlined in the Ohio revised code
  3. We've been living here. He wasn't just her stepdad. He never had children of his own. About gone I get the ****ing room clean yeah I know that you don't theaters know that was a lot of new whatever they want family of his own. He didn't treat our children as grandchildren. He Treated them as if they were his own. We were family. And the law can't change that. Regardless of that people benefit by technicalities of the law every day
  4. He owes $70,000 to a nursing home for his mothers care. About six years ago. My mother-in-law divorced her husband and had the house appraised at only $60,000 but passed away before he was able to pay her the $30k. My wife gained her half through a survivorship after she passed away. There is also $8000 in back taxes because he apparently hasn't paid the taxes since she passed away. And $2500 in funeral costs. And I'm sure that their attorney isn't going through this trouble for free.
  5. If we can stop the claim we will get a much better deal from the brother. We should be able to stop the kind considering it was made after the legal six-month period as described by the Ohio revised code
  6. We already have a deal worked out with the brother. That's when we care. We want the house
  7. 2117.06 Presentation and allowance of creditor's claims - pending action against decedent. (A) All creditors having claims against an estate, including claims arising out of contract, out of tort, on cognovit notes, or on judgments, whether due or not due, secured or unsecured, liquidated or unliquidated, shall present their claims in one of the following manners: (1) After the appointment of an executor or administrator and prior to the filing of a final account or a certificate of termination, in one of the following manners: (a) To the executor or administrator in a writing; ( To the executor or administrator in a writing, and to the probate court by filing a copy of the writing with it; © In a writing that is sent by ordinary mail addressed to the decedent and that is actually received by the executor or administrator within the appropriate time specified in division ( of this section. For purposes of this division, if an executor or administrator is not a natural person, the writing shall be considered as being actually received by the executor or administrator only if the person charged with the primary responsibility of administering the estate of the decedent actually receives the writing within the appropriate time specified in division ( of this section. (2) If the final account or certificate of termination has been filed, in a writing to those distributees of the decedent's estate who may share liability for the payment of the claim. ( Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period. Every claim presented shall set forth the claimant's address. © Except as provided in section 2117.061 of the Revised Code, a claim that is not presented within six months after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees. No payment shall be made on the claim and no action shall be maintained on the claim, except as otherwise provided in sections 2117.37 to 2117.42 of the Revised Code with reference to contingent claims.
  8. 2117.04 Appeal from final order or judgment. Upon the hearing as to the allowance of an executor's or administrator's claim against the estate the executor or administrator represents, an appeal may be taken from a final order or judgment of the probate court upon a matter of law by any person affected by the order or judgment.
  9. 2117.04 Appeal from final order or judgment. Upon the hearing as to the allowance of an executor's or administrator's claim against the estate the executor or administrator represents, an appeal may be taken from a final order or judgment of the probate court upon a matter of law by any person affected by the order or judgment.
  10. The debtor is the fiduciary. But wasn't appointed until after 6 months of the date of death.
  11. Our objection was filed in my father in laws brother name. As his only living relative.
  12. My earlier comments were directed towards the user name Fallen. Who seemed to be more concerned with degradation and foul language
  13. From my understanding anyone who is affected by the debtors claim against the estate can object.
  14. We want the house and are prepared to offer a settlement to purchase the other half if necessary. But the debtor should still be held to the state law
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