id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-2919	Fruewald, Kristen G.	Notice to Creditors—Publication is No Longer Enough	1991	20	.pdf	application/pdf	8782	494	57	Mullane and its progeny estabhshed the guideUne that, whenever a legal proceeding may affect a property right, due process requires reasonable notice and a realistic opportunity to respond.*^ The Supreme Court in Pope examined Oklahoma's nonclaim statute which, in effect, was similar to Indiana's nonclaim statute (although it provided for only a two-month claims period) and held that: (1) state action was present in the probate proceedings governing the estate,'^ and (2) failure to give personal notice to known or reasonably ascertainable creditors violated the fourteenth amendment based on the rationale in Mullane.^'^ The Court was not insensitive to the need to bring a decedent's affairs to a close. Because Indiana's statute could not survive a con- stitutional challenge under Pope, the nonclaims portion of Indiana's statute would not bar the claims of known or reasonably ascertainable creditors who did not receive personal notice of the opening of the estate and of the running of the five-month-claims period.	cache/inlawrev-2919.pdf	txt/inlawrev-2919.txt