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Laws from the 1980s
RSMo 473.410effective 01 Jan 1981

Offsets or counterclaims

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In plain English

When someone says a deceased person's estate owes them money, the person in charge of the estate (the personal representative) must file a list of any money the estate is owed back from that creditor. This list must be filed at least 20 days before the court hearing. The court then looks at both sides and decides the final amount — who owes what to whom. If the creditor ends up owing money to the estate, the estate can collect it the same way any court judgment gets collected.

Word-for-word law

473.410. or counters — to list — how asserted — procedure — . — The personal representative shall file a statement of all offsets or counterclaims against the not less than twenty days prior to the date of . The court may the statement to be filed in less than twenty days prior to the date of the hearing for . Upon hearing of the claim and offsets or counterclaims the court shall determine the amount due by and against the and in favor of or against the estate for the net amount. If a judgment is rendered against a for any net amount, may in the same manner as on judgments in . An may or may not diminish or defeat the recovery sought by the opposing . Such offset may claim exceeding in amount or different from that sought in the claim of the creditor.

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Source & history notes

(L. 1955 p. 385 § 154, A.L. 1980 S.B. 637) Effective 1-01-81

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 473.410: Offsets or counterclaims | KnowMo Laws