Limitations—Use of Barred Claim As Counterclaim, Recoupment Or Set Off

• Jurisdiction: Maryland

T. [§ 6.41] Limitations—Use of Barred Claim as Counterclaim, Recoupment or Set Off

In Imbesi v. Carpenter Realty Corp., 357 Md. 375, 744 A.2d 549 (2000), the Court of Appeals had before it the following question:

"May a party acquire an enforceable note from a third party for the purpose of set-off against an estate when the third party holder of the note failed to file a claim against the estate within the statutory time period?"

Imbesi, 357 Md. at 380, 744 A.2d at 551.

The bar of EST. & TRUSTS § 8-103 applies to "claims against an estate of a decedent." The Court of Special Appeals concluded, in Imbesi v. Carpenter Realty Corp, 125 Md. App. 676, 682, 726 A.2d 854, 857 (1999), rev'd and remanded, 357 Md. 375, 744 A.2d 549 (2000):

The operative language of the

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