Section 473.390

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 28 Aug 1955   

  473.390.  Contingent claims. — Contingent claims which cannot be allowed as absolute debts shall be filed nevertheless in the court and proved.  If allowed as a contingent claim, the order of allowance shall state the nature of the contingency.  If the claim becomes absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class.  In all other cases the court may provide for the payment of contingent claims in any one of the following methods:

  (1)  The creditor and executor or administrator may determine, by agreement, arbitration or compromise, the value thereof, according to its probable present worth, and upon approval thereof by the court, it may be allowed and paid in the same manner as an absolute claim.

  (2)  The court may order the executor or administrator to make distribution of the estate but to retain in his hands sufficient funds to pay the claim if and when the same becomes absolute; but for this purpose the estate shall not be kept open longer than two years after distribution of the remainder of the estate has been made; and if the claim has not become absolute within that time, distribution shall be made to the distributees of the funds so retained, after paying any costs and expenses accruing during such period and the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute.  When distribution is made to distributees, the court may require such distributees to give bond for the satisfaction of their liability to the contingent creditor.

  (3)  The court may order distribution of the estate as though the contingent claim did not exist, but the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute; and the court may require such distributees to give bond for the performance of their liability to the contingent creditor.

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(L. 1955 p. 385 § 148)

(1958) Contract between three owners of corporation requiring each to pay specified amount to corporation, when, as and if it needed money and was short of cash held valid and allowable against estate of deceased party as a contingent claim.  Becker-Behrens-Gist Lbr. Co. v. Adams (A.), 311 S.W.2d 70.