Rhode Island General Laws 33-15-24. Period after notice of claims disallowance during which actions barred – Amount to which creditor entitled – Service on limited guardian or guardian
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No action shall be brought or prosecuted against any person under limited guardianship or guardianship within seven (7) months after the first publication of the notice. A creditor shall be entitled to his or her whole claim if the estate, is solvent, or a dividend if the estate should prove insolvent, upon any sum as he or she may be allowed or recover. The party bringing suit, in addition to the service of the original writ, shall cause a true copy thereof to be served upon the limited guardian or guardian.
History of Section.
C.P.A. 1905, § 1064; G.L. 1909, ch. 321, § 24; G.L. 1923, ch. 372, § 23; G.L. 1938, ch. 426, § 23; G.L. 1956, § 33-15-24; P.L. 1992, ch. 493, § 3.
Terms Used In Rhode Island General Laws 33-15-24
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.