In re Estate of Graves

Decedent, as CEO of Corporation, purchased a cell phone retail outlet from Creditor for which Creditor accepted a promissory note from Corporation. Decedent signed the note as personal guarantor but died before completing payments. Two related legal actions followed: a California civil suit and this Wyoming probate action. Creditor filed a breach of contract action in California and a timely claim with Decedent's Estate in the Wyoming action. Creditor, however, failed to bring suit within thirty days after the date the Estate mailed a notice of rejection of the claim as required by Wyo. Stat. Ann. 2-7-718. Creditor then added the Estate as a defendant in the California action. In Wyoming, the probate court ruled that Creditor had not complied with section 2-7-718, that the Estate was not added to the California lawsuit until after the filing window had closed, and that Creditor should not receive equitable relief from strict application of the statute. The Supreme Court affirmed, holding that the district court did not err when it declined to provide Creditor equitable relief under Wyo. Stat. Ann. 2-7-703(c) from application of the statute of limitations found in section 2-7-718. View "In re Estate of Graves" on Justia Law