NICHOLAS v. NICHOLAS

No. 88,765.

277 Kan. 171 (2004)

83 P.3d 214

ARTHUR E. NICHOLAS, Executor of the Estate of Sheryl A. Nicholas, Deceased, Appellant, v. RUBY E. NICHOLAS, Appellee, and SHERYL A. NICHOLAS, v. RUBY E. NICHOLAS.

Supreme Court of Kansas.

Opinion filed January 30, 2004.


Attorney(s) appearing for the Case

J. Eugene Balloun, of Shook, Hardy & Bacon, L.L.P., of Overland Park, argued the cause, and Celia K. Garrett, Kirsten Ehlen, and Brenda R. Mesker, of the same firm, and John R. Toland, of Toland & Thompson, L.L.C., of Iola, were with him on the briefs for appellant.

Ted E. Knopp, of Ted E. Knopp, Chtd., of Wichita, argued the cause, and Charles H. Apt, III, of Apt & Apt, L.L.P., of Iola, was with him on the briefs for appellee.


The opinion was delivered by

LUCKERT, J.

Ruby Nicholas filed for divorce from Sheryl Nicholas and obtained an ex parte temporary restraining order prohibiting either party from disposing of assets. Knowing he was terminally ill, Sheryl created a new will, changed the beneficiary on his life insurance policy, made pay on death (POD) and transfer on death (TOD) designations on several accounts, and attempted to unilaterally...

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