claim against decedent's estate

claim against decedent's estate
A debt or demand of a pecuniary nature which could have been enforced in law or equity against the decedent in his lifetime and could have been reduced to a simple money judgment. 31 Am J2d Ex & Ad § 276. Most courts have held that the term as used in a statute relating to the competency of interested witnesses in the prosecution of a "claim or demand" against an estate, refers to the assertion of any right against an estate. According to this view the words arc not restricted to a money claim, but apply also to any other demand which would tend to deplete the estate. Other courts have limited these terms to such claims as can give rise to a suit calling for a money judgment. Anno: 41 ALR 1044.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • claim or demand — See claim; claim against decedent s estate …   Ballentine's law dictionary

  • estate — es·tate /i stāt/ n [Anglo French estat, literally, state, condition, from Old French, from Latin status, from stare to stand] 1: the interest of a particular degree, nature, quality, or extent that one has in land or other property compare fee;… …   Law dictionary

  • claim — n [Old French, from clamer to call, claim, from Latin clamare to shout, proclaim] 1 a: a demand for something (as money) due or believed to be due; specif: a demand for a benefit (as under the workers compensation law) or contractual payment (as… …   Law dictionary

  • creditor of decedent — A person to whom the decedent was indebted personally or a person who, by operation of law, becomes the legal owner of a claim against the decedent, as, for example, the adminsttrator of a creditor. See 31 Am J2d Ex & Ad § 57, See claim against… …   Ballentine's law dictionary

  • indebtedness of decedent — For the purpose of a deduction from the estate in determining an estate or inheritance tax; debts of the decedent allowed in the administration proceeding, not including expenses of administration. 28 Am J Rev ed Inher T § 387. See claim against… …   Ballentine's law dictionary

  • Estate tax in the United States — This article is about Estate tax in the United States. For other countries, see Inheritance tax. Part of a series on Taxation Taxation in the United States …   Wikipedia

  • proof of claim — A written and verified statement of a claim against a decedent, presented for payment by filing in the probate court or serving the same upon the personal representative as the statute may require. 31 Am J2d Ex & Ad §§ 298 et seq. In bankruptcy,… …   Ballentine's law dictionary

  • person — In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See e.g. National… …   Black's law dictionary

  • property law — Introduction       principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with… …   Universalium

  • inheritance — /in her i teuhns/, n. 1. something that is or may be inherited; property passing at the owner s death to the heir or those entitled to succeed; legacy. 2. the genetic characters transmitted from parent to offspring, taken collectively. 3.… …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”