State Ex Rel. Department of Social Services v. Bowling

I respectfully dissent and would adopt the opinion written by Judge Almon H. Maus for the Southern District of the Court of Appeals:

This case presents a question not heretofore decided by an appellate court of this state. That question is: Does the non-claim statute, § 473.360, bar a claim of the State of Missouri under § 473.398 to recover funds paid to or on behalf of a decedent.

The following is a concise statement of the facts presenting that question. Susie Thomas died February 22, 1985, a resident of Barry County. Her will was admitted to probate and letters testamentary were granted on…