700.7612 Payment of claims by trustee.
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700.7612 Payment of claims by trustee.
Sec. 7612.
(1)Upon the expiration of 4 months after the date of the publication of the notice to creditors, the trustee shall proceed to pay the claims allowed against the trust in the order of priority prescribed in section 7607(2)(f) to (i), after making provision for costs and expenses of trust administration, for reasonable funeral and burial expenses, for each claim already presented that is not yet allowed or whose allowance is appealed, and for each unbarred claim that may yet be presented. A claimant whose claim is allowed, but not paid as provided in this section, may petition the court to secure an order directing the trustee to pay the claim to the extent that money of the trust is available for the payment.
(2)At any time, the trustee may pay a claim that is not barred, with or without formal presentation, but is individually liable to another claimant whose claim is allowed and who is injured by the payment if either of the following occurs:
(a)Payment is made before the expiration of the time limit stated in subsection
(1)and the trustee fails to require the payee to give adequate security for the refund of any of the payment necessary to pay another claimant.
(b)Payment is made, due to the negligence or willful fault of the trustee, in a manner that deprives the injured claimant of priority.
(3)If a claim is allowed but the whereabouts of the claimant is unknown at the time the trustee attempts to pay the claim, upon petition by the trustee and after notice the court considers advisable, the court may disallow the claim. If the court disallows a claim under this subsection, the claim is barred.
History: Add. 2009, Act 46 , Eff. Apr. 1, 2010
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