Legal Opinion · Dissent

Otto v. Deters

Michigan Court of Appeals

Decided September 7, 1993No. Docket No. 136453Published

1DissentMcDonald, J.

I would affirm the order of the probate court. It is undisputed a "protected” person’s death does not invalidate claims for debts incurred before the death and that the court supervising the conservatorship -has jurisdiction to decide all claims properly filed before the death. What must be decided in this case, however, is whether the instant claim was properly filed with the court before the protected per*400son’s death, and, if not, whether the claimant has standing to file a petition for payment after the protected person’s death.

MCL 700.488; MSA 27.5488 governs the presentation of claims…

2Cases cited2 opinions

  1. Frasier v. Model Coverall Service, IncMichigan Court of Appeals · 1990
  2. In Re SwopeMichigan Court of Appeals · 1991

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