Jeanes v. Bank of Am., N.A.

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Decedent created an inter vivos revocable trust. Until her death, Decedent served as the trust's sole trustee. At Decedent's request, Attorney drafted the trust documents and a pour-over will. Bank was named successor trustee of Decedent's trust. After Decedent died, the personal representative (Representative) of Decedent's estate sued Attorney and Bank. Against Attorney, the petition alleged claims of negligence and breaches of fiduciary duty and contract based on the alleged failure of Defendants to protect Decedent's assets from tax liability. The district court granted Defendants' motions of summary judgment. Specifically, the court held that Representative's tort claims for legal malpractice did not survive Decedent's death. The court of appeals affirmed the grant of summary judgment for Attorney. The Supreme Court affirmed, holding that because Representative's cause of action did not accrue until after Decedent's death, it did not qualify as a survival action under Kan. Stat. Ann. 60-1801 and was therefore barred. View "Jeanes v. Bank of Am., N.A." on Justia Law