72-3-806. Counterclaims -- deduction. (1) 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.
(2) 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.
History: En. 91A-3-811 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-811.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
72-3-802. Statutes of limitations -- waiver -- suspension
72-3-803. Nonclaim -- limitations on presentation of claims -- exceptions
72-3-804. Manner of presentation of claims
72-3-805. Allowance and disallowance of claims -- interest on allowed claims
72-3-806. Counterclaims -- deduction
72-3-807. Classification of claims as to priority of payment
72-3-809. and 72-3-810 reserved
72-3-813. Execution and levies prohibited
72-3-814. Claims not due and contingent or unliquidated claims
72-3-815. Compromise of claims
72-3-816. through 72-3-820 reserved
72-3-821. Administration in more than one state -- payment of claims
72-3-822. Distribution to domiciliary personal representative -- exceptions