Ch. 535 MARVIN MANDEL, Governor 1171
8-107.
(a) IF A PERSONAL REPRESENTATIVE INTENDS TO ALLOW OR
DISALLOW, IN WHOLE OR IN [[A STATED AMOUNT]] PART, ANY
CLAIM THAT HAS BEEN PRESENTED WITHIN THE TIME LIMIT
PRESCRIBED IN SECTION 8-103 AND IN THE MANNER PRESCRIBED
IN SECTION 8-104 (A) AND (B), HE [As to claims presented in the manner
described in Section 8-104(a) and (b) within the time limit prescribed in Section
8-103, the personal representative] shall mail a notice to each claimant stating (i)
[that the claim has been allowed in a stated amount; (ii)] that the claim has been
disallowed IN WHOLE OR IN A STATED AMOUNT; or [(iii)] (II) that the
personal representative will petition the court to determine whether the claim
should be allowed. (If, after notifying a claimant of allowance of a claim, the
personal representative rescinds the allowance, he shall notify the claimant of the
extent of the [[rescission]] recission.] If the claim is disallowed in whole or in
[part] A STATED AMOUNT, the claimant is forever barred to the extent of the
disallowance unless he files a petition for allowance in the court or commences an
action against the personal representative or against one or more of the persons to
whom property has been distributed, not later than 60 days after the mailing of the
notice; and the notice shall warn the claimant to this effect.
[[8-109.
(h) A personal representative shall be entitled to appoint a meeting of all
creditors whose claims have been duly filed pursuant to the provisions of
[subsections] SUBSECTION (a) [or (b)] of Section 8-104 on a day designated by
order of the court, upon the giving of written notice to all of such creditors of the
time, date, place and purpose of the meeting which shall not be held in less than
ten days from the giving of the notice. The approval of any part or all of any of
the claims of creditors represented at such meeting shall be made under the
direction and control of the court and the payment of any claim as approved by
court order shall protect and indemnify the personal representative acting in
obedience to it, subject to any perfected appeal.]]
9-103.
(a) [Except as provided in subsection (b) hereof, in Section 3-301 dealing with
the shares of pretermitted children and their issue, or in Section 3-203 dealing with
the share of the surviving spouse who elects to take against the will, or unless the
will otherwise requires, or the legatee is the surviving spouse, creditor or
dependent, shares of legatees abate, without any preference or priority as between
real and personal property, in the following order:] UNLESS A CONTRARY
INTENT IS EXPRESSED IN THE WILL AND EXCEPT AS PROVIDED IN
SECTION 3-208, SECTION 3-303 AND SUBSECTION (B) HEREOF,
SHARES OF LEGATEES SHALL ABATE WITHOUT ANY PREFERENCE
OR PRIORITY AS BETWEEN REAL AND PERSONAL PROPERTY, IN
THE FOLLOWING ORDER:
(1) Property not disposed of by the will;
(2) Residuary legacies;
(3) General [legacies;] LEGACY, OTHER THAN (4), (5), AND (6)
HEREOF;
(4) GENERAL LEGACY TO DEPENDENTS OF TESTATOR;
(5) GENERAL LEGACY TO CREDITOR OF TESTATOR IN
SATISFACTION OF A JUST DEBT;
|
![clear space](../../../images/clear.gif) |