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Code · Kentucky · Chapter 396 — Claims against decedents' estates

396.125 Deduction of counterclaim.

96 words·~1 min read·/ky/chapter-396/396-125

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
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