Does filing a petition of allowance on a disallowed creditor claim in matter of copyright infringement stop Probate time Bar ?

Asked 8 months ago - Santa Fe, NM

Assuming I file a creditor claim in Probate court in matter of copyright infringement and it is disallowed by the estate; does filing a Petition of Allowance on claim stop the time bar ? Can I file petition of allowance in the probate court and following file the copyright infringement at the Federal Court ? Or must I file the lawsuit at the Federal Court within the time period otherwise forever barred from filing the copyright infringement claim ?

My question relates to the Uniform Probate Code otherwise New Mexico probate code

Attorney answers (1)

  1. Michael Leo Potter


    Contributor Level 20

    Answered . Each state's Probate rules allow a creditor's claim period - AFTER which all claims are permanently barred. Once notice has been given and published in the paper, the clock is ticking. Sit down with an attorney who understands those rules. See 'Find-A-Lawyer' tab at the top of this page.

    My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘... more

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