In re Estate of David Larry Letsinger

Case Number
E2016-00144-COA-R3-CV

After her husband passed away in 2013, Rose Letsinger filed a petition in the trial court seeking letters of administration for his estate. First Choice Community Credit Union filed a claim against the estate for an unpaid credit card balance. Letsinger1 excepted to the claim and filed a motion to dismiss the claim, asserting that the Credit Union had failed to comply with Tenn. Code Ann. § 30-2-307 (Supp. 2012) by failing to attach an itemized statement of its claim. The trial court agreed. It held that the Credit Union had failed to include an itemized statement. Accordingly, it dismissed the claim. The Credit Union filed a motion to alter or amend, arguing that it had filed with its claim what appears to be the deceased's last monthly statement. It contended that its filing satisfied the itemized statement requirement. The trial court denied the motion. The Credit Union appealed. Later, it filed a motion to dismiss its appeal. We granted the motion. Following this, Letsinger filed a motion seeking to compel the Credit Union to disburse to the estate the funds in the deceased's account with the Credit Union. The trial court granted the motion. The Credit Union appeals. We affirm.

Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Judge Rex A. Dale
Case Name
In re Estate of David Larry Letsinger
Date Filed
Dissent or Concur
No
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