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Posted by: Amelia Ferrell Knisely on Dec 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Minton Mayer and Michele T. Marsicano, Memphis, Tennessee, and Daniel D. Coughlin, Bristol, Tennessee, for the appellant, Blounts Operator, LLC dba Greystone Healthcare Center.

Attorneys 2:

Arthur M. Fowler and Arthur M. Fowler, III, Johnson City, Tennessee, for the appellee, Elizabeth Layton.

Judge(s): SUSANO

In this case, we are called upon to determine whether an exception to a claim against an estate was timely filed. Sally Layton (the decedent) died intestate. On the day before the one-year anniversary of her death, Blounts Operator, LLC, dba Greystone Healthcare Center, the operator of a nursing home, petitioned the trial court for letters of administration on the decedent?s estate. The court granted the petition the same day. Also on the same day, Blounts filed a claim against the estate. Elizabeth Layton, one of the decedent?s children, later filed an exception to Blounts?s claim. The exception was filed within five months of the first notice to creditors. The trial court held that the exception was timely filed. The court reduced the amount of the claim. Blounts appeals, arguing only that the exception was not timely filed. We affirm the trial court?s judgment as to the timeliness of the filing of the exception.