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JEANES v. BANK OF AMERICA, N.A.

No. 97,855.

295 P.3d 1045 (2013)

Janet J. JEANES, as Administrator C.T.A. of the Estate of Maxine J. Anton, Deceased, Appellant, v. BANK OF AMERICA, N.A.; Bank of America Corporation; Rudy Wrenick; and Sharon Kunard, Appellees.

Supreme Court of Kansas.

March 8, 2013.

Attorney(s) appearing for the Case

John R. Hamilton , of Hamilton, Laughlin, Barker, Johnson & Watson, of Topeka, argued the cause and was on the briefs for appellant.

Curtis E. Woods , of Sonnenschein Nath & Rosenthal LLP, of Kansas City, Missouri, and Dolly R. Livingston , of the same firm, were on the brief for appellee Rudy Wrenick.

Thomas D. Haney , of Henson, Clark, Hutton, Mudrick & Gragson, LLP, of Topeka, argued the cause, and Thomas E. Beall , of the same firm, was with him on the briefs for appellee Sharon Kunard.

PER CURIAM:

We are asked to determine if the personal representative of a decedent's estate may maintain a malpractice cause of action against the decedent's attorney for substandard estate planning that resulted in increased tax liability. We answer this question "no" because the cause of action arose after the decedent's death which means it does not qualify as a survival claim under K.S.A. 60-1801.

Accordingly, we affirm the judgment of the Court of Appeals...

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