Claim for negligent estate planning didn’t survive client’s death

by Christopher J. Graham and Joseph P. Kelly

Jeanes v. Bank of America, 2013 WL 856385 (Kan. Mar. 8, 2013)

Administrator of estate sued decedent’s attorney for negligence and breach of fiduciary duty. The decedent’s estate totaled nearly $40 million and estate and inheritance taxes were about $22 million. Court held that the administrator’s cause of action accrued when the taxes were due after the client’s death, and, thus, that cause of action couldn’t survive the client’s death. The case was dismissed because it didn’t qualify as a survival action under Kansas law.

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