Chapter 20 - § 20.29 • CLAIMS AGAINST THE ESTATE

• Jurisdiction: Colorado

§ 20.29 • CLAIMS AGAINST THE ESTATE

The representative should not approve and pay claims against the estate that are not justly owing, but if the cost of defending would be unreasonable in view of the small amount involved, he or she may pay it in spite of doubts or the representative may compromise it. Scott on Trusts § 178 (3d ed.); Shaffer, "Fiduciary's Power to Compromise Claims," 41 N.Y.U. L. Rev. 528. Suppose there is a claim against the estate that would have clearly been provable against the decedent but can be proved only by the testimony of the creditor. Does the representative have the duty to the beneficiaries to raise the bar of the dead man's statute where this would have the practical effect of defeating the claim? The issue is not clear. Note the provisions of C.R.S. §§ 15-12-703(1) and -710 to the effect that the trustee status of the personal representative creates duties to all of the decedent's successors, including creditors. Consider also Friedman v. Colorado National Bank, 825...