In re Estate of Hamilton
Annotate this CaseAfter witnessing Blair Hamilton accidentally kill himself in October 2009, Lyndon Hart in August 2011 filed a petition to extend time to file a creditor's claim against Hamilton's Estate for the negligent and intentional infliction of emotional distress caused by the actions of Hamilton. The circuit court denied the petition. Hart appealed and served his notice of appeal only on the Estate's attorney. The Supreme Court affirmed, holding (1) the Estate's motion to dismiss the appeal for failure to serve notice of appeal on all the heirs was denied, as in this case, the heirs were not parties in a creditor's claim against an estate; and (2) because Hart did not present or file a claim, the Court could not reach the merits of Hart's argument on appeal that the circuit court erred in denying his motion to extend time to file a creditor's claim.
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