IN RE ESTATE OF BAUGHMAN

No. 96-2727.

81 Ohio St.3d 302 (1998)

IN RE ESTATE OF BAUGHMAN.

Supreme Court of Ohio.

Decided April 1, 1998.


Attorney(s) appearing for the Case

Keating, Muething, & Klekamp, P.L.L., and James R. Matthews, for appellee.

Finney, Bacon & Stagnaro Co., L.P.A., and Peter A. Saba; Chester, Wilcox & Saxbe and Craig Wright; Cash, Cash, Eagen & Kessel and Robert B. Cash, for appellant.


COOK, J.

The probate court erred in dismissing Provident's petition. A claim against an estate is not rejected by silence pursuant to R.C. 2117.11 unless the creditor plainly invokes the statute's five-day response period.

A motion to dismiss for lack of subject-matter jurisdiction should be denied if "any cause of action cognizable by the forum has been raised in the complaint." State ex rel. Bush v. Spurlock (1989), 42 Ohio St...

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