In re Estate of May Manchester
66 A.3d 426
R.I.2013Background
- Manchester died 1/30/2004 at age 94; DHS paid $94,162.70 in medical assistance on her behalf from 5/1/2002 to death.
- DHS sought reimbursement by filing a claim in the probate court after the death; notice to DHS that the estate had opened was not provided until 6/21/2007.
- Warren Probate Court appointed Curria and Tobin co-administrators on 6/10/2004; appointment published 6/15/2004.
- DHS petitioned to file a claim out of time under § 33-11-5(b) on 8/9/2007; probate granted permission on 11/20/2007.
- DHS sought reimbursement by filing a claim; 2010 DHS petitioned for sale of real property to satisfy the debt; 2010 order allowed the claim; estate appealed to Superior Court; summary judgment for DHS granted; court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 33-11-5(b) allows an out-of-time claim for lack of notice | Manchester estate argues time-bar by § 33-11-5(a) and § 33-11-50 | DHS relied on lack of notice to justify filing out of time under § 33-11-5(b) | Yes; lack of notice permits out-of-time filing under § 33-11-5(b) |
| Whether § 33-11-50 bars the claim | Estate contends § 33-11-50 bars any creditor suit filed beyond two years | DHS claim is filed as a probate-claim, not a suit; § 33-11-50 not applicable | No; § 33-11-50 does not bar a probate-claim under § 40-8-15(a) |
| Whether § 33-11-5.1 notice requirements affect the claim | Estate asserts notice obligations lacking affected defenses | DHS had adequate notice once the estate opened; not barred | Not dispositive to bar the claim; notice obligation satisfied by actual notice when known/ascertainable creditor informed |
Key Cases Cited
- Estate of Santoro, 572 A.2d 298 (R.I. 1990) (creditors with unknown notice may file out of time; informs due process)
- Tulsa Professional Collection Servs., Inc. v. Pope, 485 U.S. 478 (U.S. 1988) (due process limits on limitations defenses when notice to creditors is lacking)
- In re Estate of Santoro, 572 A.2d 301 (R.I. 1990) (actual notice requirement for known or ascertainable creditors)
- Searle v. Laraway, 27 R.I. 557 (RI 1906) (time does not run against the sovereign (nullum tempus))