Clark v. Kerby

Opinion

ANDERSON, P. J.

This case raises the question whether the requirements under our former “nonclaim” statute regarding notice to decedent’s creditors comport with the due process standards announced by the United States Supreme Court in Tulsa Professional Collection Services v. Pope (1988) 485 U.S. 478 [99 L.Ed.2d 565, 108 S.Ct. 1340] (hereafter Tulsa). We conclude they do not as to known or reasonably ascertainable creditors. Accordingly, we reverse the trial court’s decision to bar the claim of appellant James Edward Clark, Jr., and remand for determination of the factual question: was…