In re Estate of Greer, 968 N.E.2d 55

Decedent Joan C. Greer suffered from dementia; Mossy Greer had a general power of attorney.
Decedent was placed in Montgomery Care Center and died on December 9, 2008.
Relatives engaged Mayers Electric to perform work at the decedent’s residence.
Montgomery filed for authority to administer the estate in 2010 and Greer was appointed executor in April 2010; Mayers filed a claim June 2010.
Estate paid $22,000 to Montgomery and $948.93 to Mayers on September 17, 2010.
Probate court raised sua sponte the propriety of satisfying debts more than two years after death and ordered reimbursements or repayment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether R.C. 2117.06 applies to testate estates.	Greer argues limitations apply only to intestacy.	Greer contends executor’s authority supersedes six-month period.	Six-month limit applies to testate estates.
Whether tolling or relation back affects timeliness of claims previously unpaid.	Greer asserts no tolling since appointment occurred after six months.	Greer relies on relation-back to benefit estate; Curry rejects this.	Limitations not tolled and relation back not applicable here.
Whether Montgomery’s debt falls under last-sickness expenses exempt from presentation.	Greer claims last-sickness expenses are exempt from six-month presentation.	Statute silence does not exempt such expenses from presentment requirements.	Last-sickness expenses are not exempt from six-month presentation; claims must be timely.

Wrinkle v. Trabert, 174 Ohio St. 233 (Ohio St. 1963) (sets six-month filing prerequisite when administrator not timely appointed)
In re Emery, 59 Ohio App.2d 7 (Ohio App. 1978) (state authority to regulate estate administration)
Lifesphere v. Sahnd, 179 Ohio App.3d 685 (Ohio App. 2008) (addressing statute of limitations in fraudulent-conveyance context)
In re Centorbi, 129 Ohio St.3d 78 (2011-Ohio-2267) (reaffirms limitations and payments under estate administration)