Surrogate Edward McCarty III
Executor Glen Spiritis, decedent’s son, petitioned for payment of a personal claim against the estate. Respondent brother, Scott, moved for dismissal. Glen made claims for repayment of alleged loans to decedent, evidenced by checks from 1982. He also sought reimbursement for advances in connection with the administration of the estate, and for taxes and expenses paid in connection with a condominium. Scott argued the statute of limitations expired on the claims, and that Glen could not assert personal claims against the estate after he distributed all of the estate’s assets. The court noted the fact there was an issue regarding availability of assets did not deprive Glen of standing to make an application under Surrogate’s Court Procedure Act 1805. It ruled as the petition stated a cause of action, dismissal was denied. Also, the court stated the limitations period for repayment of a loan was six years from the date the claim accrueshere, on the date of the execution of each check. Thus, it concluded as the statute of limitations expired on all checks executed before Sept. 23, 1993, the motion to dismiss was granted as to the cause of action for repayment of loans pre-dating Sept. 23, 1993. Yet, dismissal as to the administrative and condo expenses was granted.
