Monday, September 11, 2023
North Dakota Supreme Court Applies Uniform Probate Code to Clarify Scope of Probate Court's Subject Matter Jurisdiction
In situations where one party involved in a loan, contract, or exchange passes away before fulfilling their obligation, there is a common legal process to address this when the deceased owes something (obligor). Typically, a creditor claim is filed in the decedent's estate. However, when the deceased is the one owed something (obligee) and passes away before receiving payment, there is no universal procedure.
This issue recently came up in a North Dakota case, Matter of Estate of Froemke, 2023 ND 154, where the personal representative of the deceased sought to have one of the deceased's children repay the estate for real estate taxes paid by the deceased on the child's property. Since the child had not reimbursed the estate for these taxes, the probate court ruled in favor of the estate, ordering the child to pay the owed amount...
For more information see Daniel McGowan “North Dakota Supreme Court Applies Uniform Probate Code to Clarify Scope of Probate Court’s Subject Matter Jurisdiction” Probate Stars, August 29, 2023.
Special thanks to Jeffrey Skatoff(Attorney, Palm Beach Gardens, Florida) for bringing this article to my attention.