Jeanes v. Bank of America, N.A., 295 P.3d 1045

Decedent Maxine J. Anton created an inter vivos revocable trust; upon death, estate taxes were a major issue.
Attorney Sharon Kunard drafted the trust documents, pour-over will, and later amendments; last contact in June 2000.
Administrator Jeanes, in 2004, sued the Bank, BAC, Wrenick, and Kunard for negligence, fiduciary breaches, and contract related to alleged tax protection failures.
District court granted summary judgment that the malpractice claims did not survive Anton’s death; Court of Appeals affirmed in part and reversed in part.
Supreme Court held the malpractice claim did not accrue until after Anton’s death, thus not a survival action under K.S.A. 60-1801; damages were not present during Anton’s lifetime.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the administrator’s legal malpractice claim survives Anton’s death	Jeanes argues there was pre-death injury and damages escalate post-death.	Kunard argues the claim did not accrue until after death (no survival).	No survival; accrual after death governs survival under 60-1801.

Pancake House, Inc. v. Redmond, Redmond, O’Brien & Nazar, 239 Kan. 83 (Kan. 1986) (establishes multiple accrual theories for legal malpractice; adopts the damage rule)
Dearborn Animal Clinic, P.A. v. Wilson, 248 Kan. 257 (Kan. 1991) (malpractice accrues when injury is reasonably ascertainable to plaintiff)
Price, Administrator v. Holmes, 198 Kan. 100 (Kan. 1960s) (survival requires accrual during decedent’s lifetime)
Mason v. Gerin Corp., 231 Kan. 718 (Kan. 1982) (survival damages for injuries accruing before death)
KPERS v. Reimer & Koger Assocs., Inc., 262 Kan. 110 (Kan. 1997) (malpractice accrues upon actual client injury)