Estate of Austin v. Snead

389 S.W.3d 168, 2013 WL 331266, 2013 Mo. LEXIS 7
CourtSupreme Court of Missouri
DecidedJanuary 29, 2013
DocketNo. SC 92388
StatusPublished
Cited by31 cases

This text of 389 S.W.3d 168 (Estate of Austin v. Snead) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Austin v. Snead, 389 S.W.3d 168, 2013 WL 331266, 2013 Mo. LEXIS 7 (Mo. 2013).

Opinion

MARY R. RUSSELL, Judge.

A personal representative of a decedent’s estate failed to provide actual notice of the probate proceeding to children whom the decedent was alleged to have sexually abused. Because of the failure to notify the children, their claims1 against the estate were filed beyond the statutory six-month requirement found in section 473.360.2 The children’s father, their sole custodian and guardian, filed claims against the estate, which were dismissed. This Court finds that the children’s due process rights were violated by the dismissal of their claims because they were reasonably ascertainable creditors of the estate and their claims were more than merely conjectural. Because their due process rights were violated, the children’s claims are not precluded by the six-month time limitation in section 473.360.

I. Facts and Procedural Background

Allegations of sexual abuse were made against Allen Austin (Decedent) in 2006. The allegations concerned R.M.N. and R.D.N., two girls who were about seven and eight years old at the time of the alleged abuse.3 A Division of Family Services (DFS) investigation concluded that the 2006 allegations were substantiated by a “preponderance of the evidence.” Decedent did not timely seek appeal of this determination.

[170]*170After Decedent died in 2009, Cathy Snead, whom Decedent had appointed to be the personal representative of his estate, published the first notice of the opening of his estate on August 26, 2009, providing notice to any potential creditors.4 Snead was aware of the sexual abuse allegations made by the minor children, but she did not notify the children, through their father, regarding the opening of the estate.5

While the estate was pending, Snead, who was employed as a social worker, personally investigated the validity of the 2006 allegations of abuse. Although she spoke with the children’s grandmother and aunt and was told that the allegations were untrue, she did not talk to DFS, the children, or their parents about the allegations. She concluded that she did not need to provide actual notice of Decedent’s estate to the children’s father because, in her opinion, the children did not have a colorable claim to bring against the estate.

Eight months after the first publication of notice of the estate, the children’s father filed their claims against the estate, naming himself as their next friend. Because the sixth-month window for creditors to file claims against the estate, as set forth in section 473.360,6 had passed, the children’s father amended their claims.7 He filed their claims outside the six-month window set forth in section 473.360 but within the one-year limitation for claims outlined in section 473.444.8

Snead filed a motion to dismiss, asserting that dismissal was warranted because the children’s claims were tardy, the claims did not fall within an exception to section 473.360, and the children were not “known or reasonably ascertainable creditors.” Snead’s motion was sustained. The children’s father appeals.9

[171]*171II. Standard of Review

The proper standard of review for a trial court’s grant of a motion to dismiss a petition is de novo. Lynch v. Lynch, 260 S.W.3d 834, 836 (Mo. banc 2008). In determining the appropriateness of the trial court’s dismissal of a petition, an appellate court reviews the grounds raised in the defendant’s motion to dismiss. Foster v. State, 352 S.W.3d 357, 359 (Mo. banc 2011). The appellate court reviews the petition to determine whether the facts alleged by the plaintiff meet the elements of a recognized cause of action or of a cause of action that might be adopted in that case. Id. If the motion to dismiss cannot be sustained on any ground alleged in the motion, the trial court’s ruling will be reversed. Id.

III. Analysis

The children’s father challenges the trial court’s dismissal of his children’s claims. He argues that the application of section 473.360 to his children’s claims was improper because they did not receive actual notice of the Decedent’s probate proceeding, even though the children were reasonably ascertainable creditors of Decedent’s estate and their claims were more than merely conjectural. He alleges that Snead breached her duty as a personal representative by failing to give the children actual notice, which violated their due process rights because application of the statutory time limitations barred their claims.

Section 473.360 provides the time limitations for bringing a claim against an estate. It states in pertinent part that:

all claims against the estate of a deceased person ... which are not filed in the probate division of the circuit court within six months after the date of the first published notice of letters testamentary or of administration or, if notice was actually mailed to, or served upon, such creditor, within two months after the date such notice was mailed, or served, whichever later occurs, or which are not paid by the personal representative, within six months after the first published notice of letters testamentary or of administration, are forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent.

Section 473.360.

The seminal case discussing due process protections for claimants is Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865 (1950). Mullane stated that “[a]n elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” 339 U.S. at 315, 70 S.Ct. 652. Mullane further clarified that a party is entitled to actual notice as “a minimum constitutional precondition to a proceeding which will adversely affect the liberty or property interests of [that] party ..., if its name and address are reasonably ascertainable.” Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 800, 103 S.Ct. 2706, 77 L.Ed.2d 180 (1983). Causes of action are included in property interests protected by the Due Process Clause of the 14th Amendment. Logan v. Zimmerman Brush Co., 455 U.S. 422, 428, 102 S.Ct. 1148, 71 L.Ed.2d 265 (1982). Failure to provide a known or reasonably ascertainable claimant with actual notice of a proceeding that terminates the claimant’s claim results in a violation of due process. In re Bohannon, 943 S.W.2d 651, 654 (Mo. banc 1997).

While a personal representative is not required to take extraordinary steps [172]

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Cite This Page — Counsel Stack

Bluebook (online)
389 S.W.3d 168, 2013 WL 331266, 2013 Mo. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-austin-v-snead-mo-2013.