In re the Estate of Wolf

Rosen, J.:

Nancy J. Wolf, executrix of the Estate of Francis J. Wolf, Jr., appeals the trial court’s award of attorney fees to Marino & Wolf, Inc. (M&W). We reverse.

Francis (Frank) J. Wolf, Jr., died in Wyandotte County, Kansas, on September 24, 1998. Shortly thereafter, Nancy, Frank’s wife, filed a petition for probate of a lost will in Wyandotte County District Court. The trial court named Nancy as the executrix of Frank’s estate (Estate). Among the assets Nancy identified in the Estate’s first inventoiy were 333 shares of M&W stock.

Nancy issued a notice to creditors. M&W filed two petitions…