(1) A conservator shall pay from the estate claims against the estate and against the protected person arising before or after the conservatorship upon their presentation, allowance and maturity. Claims that become absolute at an uncertain event may not be allowed. The conservator may allow claims against the estate of a protected person in part and disallow them in part.
(2) A claim may be presented by either of the following methods:
(a) The claimant may deliver or mail to the conservator or the attorney for the conservator a written statement of the claim stating the basis of the claim, the name and address of the claimant and of the claimant’s attorney if the claimant is represented by an attorney in respect to the claim, and the amount claimed.
(b) The claimant may file the claim with the clerk of the court in which the proceeding is pending, captioned in a manner that will identify the protected person and the clerk’s number of the proceeding, and deliver or mail a copy of the statement to the conservator or the attorney of the conservator.
(3) If the conservator disallows the claim in whole or in part, or if the conservator finds that the claim is valid but not due, the conservator shall notify the claimant or the attorney of the claimant in writing of the disallowance or finding of the conservator.
(4) The presentation of a claim and any defect in form or substance may be waived by the conservator or by the court if the claim, properly stated, is a valid and absolute obligation of the estate.
(5) The conservator may reconsider any claim previously rejected or allowed, or may compromise any claim against the estate of a protected person, including contingent, unliquidated and unmatured claims. [1995 c.664 §53]Section: Previous 125.460 125.465 125.470 125.475 125.480 125.485 125.490 125.495 125.500 125.505 125.510 125.515 125.520 125.525 125.530 Next
Last modified: August 7, 2008