MATTER OF ESTATE OF SOBLE

No. 2 CA-CIV 4333.

137 Ariz. 223 (1983)

669 P.2d 1000

In the Matter of the Estate of Joseph H. SOBLE, Deceased. Colistia SOBLE, Personal Representative of the Estate of Joseph H. Soble, Deceased, Respondent/Appellant, v. PRESIDIO PROPERTIES, Petitioner/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 28, 1983.

Review Denied September 22, 1983.


Attorney(s) appearing for the Case

Gabroy & Leather by Stefani Gabroy, Tucson, for respondent/appellant.

Stompoly & Even, P.C. by Michael McGrath, Tucson, for petitioner/appellee.


OPINION

HOWARD, Chief Judge.

The last surviving shareholder of a professional corporation died. At the time of his death the corporation had a contingent liability for unpaid rent. The personal representative of the estate of the shareholder lists, as an asset of the estate, an asset which the unpaid landlord claims is an asset of the corporation. How does the landlord proceed to reduce his claim to a judgment and prevent the personal representative from distributing...

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