Fowler v. Corn
2013 Mo. App. LEXIS 471
Mo. Ct. App.2013Background
- Corn filed a small-estate affidavit after Fowler Jr. died intestate on January 13, 2011.
- Koury filed a motion May 16, 2012 to enforce a settlement he claimed existed with Corn regarding an estate claim.
- A probate commissioner dismissed the claim, holding small-estate procedures do not resolve contested claims.
- Circuit court affirmed; Koury appeals, challenging the authority to adjudicate contested claims in a small estate.
- Statutes authorize filing claims and notices but have no procedures for litigating disputed claims within the small-estate framework.
- Brundage holds creditors must pursue formal administration within one year if a claim is disputed; the estate here valued at $30,000 and notice was published.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disputed claims can be resolved in a small estate | Koury argues small estate can adjudicate claims. | Corn argues Brundage controls; no small-estate dispute procedures exist. | Disputed claims cannot be litigated in small estate procedures. |
| Whether Brundage bars Koury's claim due to no formal administration within one year | Koury relied on settlement and later enforcement. | Brundage required formal administration within one year to preserve rights. | Koury's claim is barred for failure to seek full administration timely. |
| Whether there was any private right of action against the affiant for unpaid claims | Settlement would create enforceable rights against affiant. | Small-estate statute creates no private action for creditors in small estate disputes. | No private action against the affiant arises in small-estate proceedings. |
Key Cases Cited
- Missouri Dep't of Soc. Servs. v. Brundage, 85 S.W.3d 43 (Mo.App. W.D.2002) (no procedures to resolve disputed claims in small estate; creditors must seek formal administration)
- Estate of Bohannon, 943 S.W.2d 651 (Mo. banc 1997) (due process notice considerations in probate matters)
- In re Estate of Ginn, 323 S.W.3d 860 (Mo.App. W.D.2010) (appeals from probate orders involving allowances of claims are interlocutory)
- In re Estate of Forhan, 149 S.W.3d 537 (Mo.App. S.D.2004) (appealability of certain probate orders; timeline for claims)
- Estate of Givens, 234 S.W.3d 519 (Mo.App. E.D.2007) (example of creditors pursuing formal administration under § 473.020)