In re the Estate of Steward

79 P.3d 791, 32 Kan. App. 2d 134, 2003 Kan. App. LEXIS 1014
CourtCourt of Appeals of Kansas
DecidedNovember 26, 2003
DocketNo. 90,209
StatusPublished

This text of 79 P.3d 791 (In re the Estate of Steward) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Estate of Steward, 79 P.3d 791, 32 Kan. App. 2d 134, 2003 Kan. App. LEXIS 1014 (kanctapp 2003).

Opinion

Greene, J.:

During the administration of Sandra Jo Steward’s estate, Denny L. Steward, conservator of the estate, filed a petition to determine ownership of certain payable-on-death (POD) accounts after discovering that Mary L. Huggins, the decedent’s guardian, as well as Huggins’ children and grandchildren, were named as beneficiaries on the accounts. The probate court set aside the POD accounts and ordered tire funds to be returned to Steward’s estate, subject to disbursement under the laws of intestacy. [135]*135Huggins appealed to the district court, alleging that the probate court lacked jurisdiction over her person and the POD accounts. The district court affirmed the findings of the probate court, specifically holding that the probate court had jurisdiction in the matter. Huggins appeals.

Stipulated Factual Statement

The parties have submitted an agreed statement pursuant to Supreme Court Rule 3.05 (2003 Kan. Ct. R. Annot. 25). The facts are set out as follows:

“1. In 1987, Denny L. Steward was appointed conservator for Sandra Jo Steward, and Mary L. Huggins was appointed guardian for Sandra Jo Steward. Dennis White was appointed guardian ad litem for Sandra Jo Steward.
“2. A doctor had examined Sandra Jo Steward, and wrote she was totally incompetent to manage her financial affairs or personal affairs.
“3. During the conservatorship, Sandra Jo Steward set up certain Pay on Death accounts and purchased United States savings bonds, and designated Pay on Death beneficiaries with her earnings, all without knowledge or consent of the conservator or approval of the conservatorship court. Most, if not all, of the monies earned by Sandra Jo Steward were never turned over to the conservator during the conservatorship.
“4. Sandra Jo Steward passed away on September 15, 2000.
“5. Denny L. Steward was appointed as administrator of her estate.
"6. The only heirs-at-law of Sandra Jo Steward are her siblings, to-wit:
Denny L. Steward
Kaye Snyder
Larry G. Steward
Opal Slocum.
“7. That after the death of Sandra Jo Steward, Denny L. Steward became aware of these Pay on Death accounts and bonds, and as conservator filed a motion in the conservatorship court to determine ownership of that property.
“8. The conservatorship court essentially set aside the Pay on Death accounts, and ordered them to be part of the conservatorship estate assets.
“9. Mary L. Huggins appealed the magistrate’s decision to the district judge, which found that all assets of Sandra Jo Steward should be accounted for by die conservatorship then paid according to law.
“10. That the conservator then filed his final account in the conservatorship court listing the Pay on Death accounts and bonds and the designated beneficiaries. The court ordered these funds to be transferred to the probate estate.
“11. That these same assets were then inventoried into the estate.
“12. That Denny L. Steward as administrator filed a motion in the estate for die estate court to determine ownership of the Pay on Death property.
[136]*136“13. That the administrator sent a copy of his Motion to Determine Ownership of Property together with a Notice of Hearing to Mary L. Huggins in care of Dennis A. White.
“14. That Mary L. Huggins had never entered her appearance in the estate case, and was never served with process. Dennis A. White had served as her attorney throughout tire conservatorship proceedings.
“15. That Mary L. Huggins had notice of all proceedings in the conservatorship matter, and was represented by Dennis A. White at all times.
“16. That Mary L. Huggins’ attorney, Dennis A. White, appeared at the hearing on her behalf for the sole purpose of advising the estate court that it did not have jurisdiction over the person of Mary L. Huggins nor any property on which she was listed as a Pay on Death beneficiary.
“17. That no evidence has ever been produced that Sandra Jo Steward had testamentary capacity or that she received independent advice regarding her money transfers.
“18. The estate court ruled that:
Mary L. Huggins did not have authority, capacity or approval to assist Sandra Jo Steward in setting up Pay on Death accounts; that all instruments executed by Sandra Jo Steward during the conservatorship were void; and that all Pay on Death accounts/bonds belongs to the estate and is subject to disbursement by the probate court to tire heirs-at-law.
“19. That Mary L. Huggins appealed the ruling of the estate court to tire district judge on the grounds that tire estate court did not have jurisdiction over her person or the property she received as a Pay on Death beneficiary.
“20. That the district judge affirmed the decision of the estate court.
“21. That Mary L. Huggins appeals the decision of the district judge for lack of jurisdiction over her person or property.”

Standard of Review

Whether subject matter or personal jurisdiction exists is a question of law over which this court’s scope of review is unlimited. See State v. Stough, 273 Kan. 113, 116, 41 P.3d 281 (2002) (subject matter); Novak v. Mutual of Omaha Ins. Co., 29 Kan. App. 2d 526, 28 P.3d 1033 (2001) (personal).

The Probate Court Had Jurisdiction Over the Person of the Guardian and the Subject Matter of the Guardianship Activities

Huggins contends that the probate court had no jurisdiction over her or the POD accounts, relying principally upon Snodgrass v. Lyndon State Bank, 15 Kan. App. 2d 546, 811 P.2d 58, rev. denied 249 Kan. 776 (1991). In Snodgrass, our court construed K.S.A. 9-1215, which provided, inter alia:

[137]*137“Transfers pursuant to this section shall not be considered testamentary or be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated.”

The court specifically held that the legislature intended this language to exclude POD accounts from provisions of the probate code, thus precluding a challenge from a surviving nonconsenting spouse. 15 Kan. App. 2d at 553.

Snodgrass and other Kansas authorities cited by Huggins are inapplicable here, however, because they do not

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Snodgrass v. Lyndon State Bank
811 P.2d 58 (Court of Appeals of Kansas, 1991)
State v. Stough
41 P.3d 281 (Supreme Court of Kansas, 2002)
Novak v. Mutual of Omaha Insurance
28 P.3d 1033 (Court of Appeals of Kansas, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
79 P.3d 791, 32 Kan. App. 2d 134, 2003 Kan. App. LEXIS 1014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-steward-kanctapp-2003.