Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, June 28, 2006

Enforcement of buy-sell agreement is barred by nonclaim statute

In Steen and Berg Co. v. Berg, 713 N.W.2d 87 (N.D. 2006), a corporation brought an action against the shareholder’s estate for specific performance of a buy-sell agreement well beyond the three-month period for bringing claims under the state’s version of the Uniform Probate Code. Reversing the trial court, a divided court held that the action involved a claim that was barred by statute in an opinion extensively discussing cases from other UPC jurisdictions.


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Where does this result leave the two parties? It seems as if the dispute has been sent to a kind of judicial purgatory. Neither the Majority nor the Dissent address the fact that there is no place to which the quarreling parties can go to get a final resolution. I am interested in responses as I am preparing a presentation on SC's nonclaim statute that mirrors ND's discussed in this case.

Posted by: James Chellis | Jun 28, 2006 6:03:28 PM

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