Legal Question in Wills and Trusts in Ohio

I read with interest the question titled "Timing of Invoice." My situation is similar but to an extreme. My grandmother died in December and her attorney claims that my grandmother owed her money... going back to 1998. Thirteen years seems extreme to me. I am a small business person myself and if I waited a decade to invoice someone I doubt I would get paid. Do you have an opinion about how far back someone can ethically bill another party for services rendered?


Asked on 2/17/11, 4:31 pm

1 Answer from Attorneys
Philip Schmidt Brady, Coyle & Schmidt, Ltd.

In Ohio, creditors have 6 months after the decedent's death to file claims with the estate representative. If no representative was appointed within that time, the creditor does not get paid (there was no one to file a claim with). If a representative was appointed within that time but the claim was made after the 6 months, the creditor does not get paid.

If the claim is made to the estate representative within 6 months, the representative can also reject the claim (certified letter). In that situation, the creditor must file a lawsuit against the estate within 2 months of receiving the rejection. If the creditor 'wins' the lawsuit, it only means that the debt is valid. There may still be other reasons (too long to go into detail here) why the creditor would not get paid.

There is also a legal doctrine called 'laches.' Basically, this means that if you take too long to exercise your rights, you give them up. 13 years is too long to send a bill.

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Answered on 2/18/11, 7:09 am


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