McCook National Bank v. Bennett

McCook National Bank (Bank) obtained a judgment lien on real estate owned by Edd Case at the time of his death. The Bank and Daylene Bennett, the personal representative of Case’s estate (Personal Representative), disputed whether the Bank could proceed to execute on that real estate. The Personal Representative claimed that the Bank was required to file a claim in the probate proceedings. The real estate was sold by the Personal Representative, and the proceeds were deposited with the clerk of the district court for Hitchcock County subject to the outcome of these proceedings.

Following a…