Estate of Austin v. Snead

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…