Nelson v. Nelson

Judgment of the Court of Appeals affirming the district court is affirmed. Judgment of the district court is affirmed. This appeal raises the question of whether a claim must be made against a decedent's estate when it is alleged the decedent breached a contract to place his entire estate in a testamentary trust for the benefit of his adult children. The district court and the Court of Appeals in Nelson v. Nelson, 38 Kan. App. 2d 64, 162 P.3d 43 (2007), held the decedent's assets were not subject to a constructive trust because a claim had not been made against the decedent's estate within the period of limitations imposed by the Kansas non-claim statute, K.S.A. 59-2239. Upon review of those decisions, we affirm.