Southwest National Bank v. Estate of McDowell

The opinion of the court was delivered by

McFarland, J.:

The Estate of Everett Leroy McDowell, deceased, appeals from an order allowing a claim filed by the Southwest National Bank (Bank). The claim was filed after the expiration of the four-month period provided for by the Kansas nonclaim statute (K.S.A. 1988 Supp. 59-2239). The trial court held, based on Tulsa Collection Servs. v. Pope, 485 U.S. 478, 99 L. Ed. 2d 565, 108 S. Ct. 1340 (1988), that K.S.A. 1988 Supp. 59-2239 was unconstitutional insofar as it does not require the estate to give actual notice to known creditors.

The facts are not…