IN RE THE ESTATE OF ROSLYN F. KARESH - Articles

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Posted by: Tanja Trezise on Dec 17, 2012

Court: TN Court of Appeals

Attorneys 1:

Jon W. Smith and Kristen Mistretta Wilson, Memphis, Tennessee, for Plaintiff/Appellant Estate of Roslyn F. Karesh

Attorneys 2:

Audrey J. Grossman, Memphis, Tennessee, for Defendant/Appellee Barbara Stender

Judge(s): KIRBY

This appeal involves claims against a decedent’s estate. After claims were filed against the decedent’s estate, the co-executors filed exceptions to the claim and attached a letter previously sent to the claimant discussing their objections to the claims. The probate court held that the co-executors had excepted to the claims only on the basis of timeliness, and that objections in the attached letter would not be considered additional exceptions. The coexecutors argued that the claims were void and unenforceable irrespective of whether exceptions were filed; the probate court did not expressly rule on this contention. The claims against the estate were found to be timely filed, so the claims were reduced to judgments against the estate without a hearing on their merits. The co-executors appeal. We affirm in part and remand for findings of fact and conclusions of law under Rule 52.01 on the issue of whether the claims against the estate are unenforceable or void on their face.

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