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IN RE ESTATE OF RAMEY

100190040; A149671.

320 P.3d 586 (2014)

260 Or. App. 652

In the Matter of the ESTATE OF Naida W. RAMEY, Deceased. Eldon Luvern Flaig, Appellant, v. Carin Sharlene Emert, Personal Representative of the Estate of Naida W. Ramey, Deceased, Respondent.

Court of Appeals of Oregon.

Decided January 23, 2014.

Attorney(s) appearing for the Case

Brooks F. Cooper argued the cause and filed the briefs for appellant.

Charles A. Kovas argued the cause and filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and DUNCAN, Judge, and LAGESEN, Judge.

LAGESEN, J.

When an estate's personal representative disallows a creditor's claim against the estate, the probate code — specifically, ORS 115.145 — gives the creditor two avenues by which to contest the personal representative's decision. The creditor may file an appropriate action against the personal representative in a court of competent jurisdiction or, instead, may file a request for summary determination of the claim in the probate court. In this...

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