Estate of Leathers, Matter of
| Decision Date | 24 June 1994 |
| Docket Number | No. 69659,69659 |
| Citation | 876 P.2d 619,19 Kan.App.2d 803 |
| Parties | In the MATTER OF the ESTATE OF Louise Florence LEATHERS, Deceased. |
| Court | Kansas Court of Appeals |
Syllabus by the Court
1. K.S.A.1993 Supp. 59-102(8) is construed and applied.
2. K.S.A.1993 Supp. 59-2249 is construed and applied.
Gary H. Hanson and Karen T. Poulton, of Stumbo, Hanson & Hendricks, Topeka, for appellant Ronald R. Leathers.
Gary F. Conklin, Westmoreland, for appellee Michael R. Leathers.
Before PIERRON, P.J., and LARSON and RULON, JJ.
Louise Florence Leathers died testate, naming her two adult sons, Ronald and Michael, as co-executors. Disputes arose between Ronald and Michael regarding administration of the will, and the brothers agreed to submit to mediation. The Mediation Agreement they signed stated that mediation was to be binding as to all matters upon which the brothers agreed. At mediation, they came to an oral understanding, which was subsequently put into writing. However, Ronald refused to sign that agreement. The district court found the Mediation Agreement bound Ronald as to all issues agreed upon at mediation. The district court adopted the proposed Mediation Order, which set out the brothers' oral agreements at mediation. Ronald appeals.
We reverse and remand for the following reasons:
K.S.A.1993 Supp. 59-102(8) defines a "valid settlement agreement" as "a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all heirs, devisees and legatees, and all other interested or affected persons, all of whom must be competent or authorized to enter into such agreement." (Emphasis added.)
Although the statutory scheme does not state that a valid settlement agreement is the exclusive means of entering into an enforceable family settlement agreement, such is implied in K.S.A.1993 Supp. 59-2249. That provision states in part:
"Upon settlement and allowance, the court shall determine the heirs, devisees and legatees entitled to the estate and assign it to them by its decree, pursuant to the terms of the will, the laws of intestate succession in effect on the date of the decedent's death or a valid settlement agreement." (Emphasis added.)
K.S.A.1993 Supp. 59-2249 does not permit the court to distribute property pursuant to a will, the laws of intestate succession, a valid settlement agreement, or in any other manner the court sees fit. Our understanding is that pursuant to...
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In re Estate of Riley
...14–3952(1) by analogy and noting it requires consent of all beneficiaries and claimants by formal agreement); In re Estate of Leathers, 19 Kan.App.2d 803, 876 P.2d 619, 620 (1994) (mediation agreement resulting from disputes over administration of will unenforceable for lacking signature of......
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Estate of Hessenflow, Matter of
...succession, a family settlement agreement is the exclusive means of distributing a decedent's estate. In re Estate of Leathers, 19 Kan.App.2d 803, 804, 876 P.2d 619 (1994). The district court found that the estate agreement was not valid because Charles did not disclose to Lorene the full v......
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Rector v. Tatham, 97,725.
...as a written, acknowledged instrument) are the exclusive means for distribution of a decedent's estate." In re Estate of Leathers, 19 Kan.App.2d 803, 804, 876 P.2d 619 (1994). Rector argues that her petition states a claim under a theory of assignment of an expectancy interest, and therefor......
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In re James
...meet the statutory requirements of a K.S.A. 59-102(8) settlement agreement. The siblings cited the plain language of K.S.A. 59-102(8) and Leathers, which held that a agreement is not valid until it is written and signed by all parties. The siblings noted that the agreement Rector sought to ......