Article 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-428. Claims against protected person; enforcement
(a).
A conservator must pay from the estate all just claims against the estate and against the protected person arising before
or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods:
(1) the claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and
address of the claimant and the amount claimed; (2) the claimant may file a written statement of the claim, in the form prescribed
by rule, with the clerk of court and deliver or mail a copy of the statement to the conservator. A claim is deemed presented
on the first to occur of receipt of the written statement of claim by the conservator, or the filing of the claim with the
court. A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant
within 60 days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim
until thrity days after its disallowance.
[
1979, c. 540, §1 (NEW)
.]
(b).
A claimant whose claim has not been paid may petition the court for determination of his claim at any time before it is
barred by the applicable statute of limitation, and, upon due proof, procure an order for its allowance and payment from the
estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated
against the protected person thereafter, the moving party must give notice of the proceeding to the conservator if the outcome
is to constitute a claim against the estate.
[
1979, c. 540, §1 (NEW)
.]
(c).
If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, preference
is to be given to prior claims for the care, maintenance and education of the protected person or his dependents and existing
claims for expenses of administration.
[
1979, c. 540, §1 (NEW)
.]
SECTION HISTORY
1979, c. 540, §1 (NEW).
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