Kansas Supreme Court: No Cause of Action by Estate Administrator for Legal Malpractice in Estate Planning
The Supreme Court of Kansas affirmed the determination of the appellate court that a legal malpractice action for substandard estate planning did not survive the decedent’s death. The issue arose from an estate plan created by attorney Sharon Kunard for Maxine Anton. When Anton died, her estate paid $21 million in estate and inheritance taxes. The Administrator of the estate sued Kunard for negligence and breaches of fiduciary duty and contract. The Supreme Court of Kansas determined that the legal malpractice cause of action did not accrue in favor of the personal representative of the decedent during the decedent’s lifetime, which foreclosed the action.
Jeanes v. Bank of America, N.A., No. 97,855 (Kan. Mar. 8, 2013).