TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 9. Special Provisions Relating to Distribution

Successor's Indebtedness To Estate Offset Against Interest -- Defenses Available

72-3-912. Successor's indebtedness to estate offset against interest -- defenses available. The amount of a noncontingent indebtedness of a successor to the estate if due or its present value if not due must be offset against the successor's interest. However, the successor has the benefit of any defense that would be available to the successor in a direct proceeding for recovery of the debt.

History: En. 91A-3-903 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-903; amd. Sec. 2379, Ch. 56, L. 2009.