Opinion

Tulsa Professional Collection Services, Inc. v. Pope

  • 61 O.B.A.J. 3191
  • 808 P.2d 640
  • 1990 OK 125
  • 1990 Okla. LEXIS 144
  • 1990 WL 191514
Court
Supreme Court of Oklahoma
Filed
Nov 27, 1990
Status
Published
Author
Kauger
On the bench
Opala, Hargrave, Hodges, Simms, Doolin, Kauger, Wilson, Lavender, Summers
Cited by
38 cases
Authority
More cited than 5.8%

holding after remand that where executrix knew that hospital was providing care to decedent in his last illness, hospital was an identifiable creditor entitled to be furnished with actual notice

How later courts described this case

  • holding after remand that where executrix knew that hospital was providing care to decedent in his last illness, hospital was an identifiable creditor entitled to be furnished with actual notice
  • An estate representative must use due diligence to identify the decedent’s potential creditors from all available sources at hand. Estate representative who knows of decedent’s last-illness hospital stay is put on notice that the health care provider is likely to stand in the status of a *676 creditor of the decedent's estate.

Written by the judges who cited it.

The opinion

KAUGER, Justice,

concurring:

I dissented in part to the majority opinion in In the Matter of the Estate of Pope, 733 P.2d 396, 401 (Okla.1986), rev’d, 485 U.S. 478 , 108 S.Ct. 1340 , 99 L.Ed.2d 565 (1988) because of the principle expressed in Cate v. Archon Oil Co., Inc., 695 P.2d 1352, 1356 (Okla.1985). I join the majority here for the same reasons.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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