Jeanes v. Bank of America, N.A.

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 and the district court on this issue.

Facts

On June 13, 1991, Maxine J. Anton created an inter vivos revocable trust. From the trust’s inception to…