75-7-516 - Counterclaims.
75-7-516. Counterclaims.
(1) In allowing a claim, the trustee may deduct any counterclaim which the deceasedsettlor's estate has against the claimant. In determining a claim against a deceased settlor's estate,a court shall reduce the amount allowed by the amount of any counterclaims and, if thecounterclaims exceed the claim, render a judgment against the claimant in the amount of theexcess.
(2) A counterclaim, liquidated or unliquidated, may arise from a transaction other thanthat upon which the claim is based.
(3) A counterclaim may give rise to relief exceeding in amount or different in kind fromthat sought in the claim.
Renumbered and Amended by Chapter 89, 2004 General Session