Claim Against Estate Can Be Presented To Estate's Attorney

Wilson v. Lawrence, 8th Dist. Case No. 102585, 2015-Ohio-4677. When the executor contended that the creditor did not properly present its claim to the estate pursuant to R.C. § 2117.06 because it was presented to the estate's attorney, the appellate court stated that both the 8th and 2nd Districts have recognized that receipt of a claim by the executor, administer, or the Estate's attorney is sufficient. Accordingly, the executor's strict interpretation of R.C. § 2117.06 was rejected and the 8th District held that a claim may be deemed presented when other individuals connected with the estate receive the claim. There was a dissenting opinion based upon a 4th District case in which presentment must be made directly to the fiduciary. The dissenting opinion worried that allowing a creditor to present a claim to anyone other than the fiduciary would defeat the goal of expeditious and efficient estate administration because the majority's holding shifts the standard of presentment to only one of knowledge.