In re Estate of Clare

In 2013, Michael Clare shot and killed his wife, Deborah Clare, and then took his own life. Jessica Crosslin, Deborah’s biological daughter, filed a petition for letters of examination seeking to file a claim against Michael’s estate under the Kansas Probate Code. Crosslin was subsequently appointed administrator of Deborah’s estate, and Christine Clare, Michael’s aunt, was appointed administrator of Michael’s estate. The district court determined that Crosslin had failed to satisfy a statutory time limitation for filing a claim against the estate because she failed to obtain a written, signed judicial order setting the matter for hearing. The court cited specific local rules with which Crosslin apparently did not comply. The court of appeals affirmed. The Supreme Court reversed, holding that the local rules did not consistently preclude Crosslin from following the procedures that she took, the local rules conflicted with certain statutory requirements, and local rules that add requirements to the statutory scheme and create jurisdictional obstacles are invalid. View "In re Estate of Clare" on Justia Law