History:
L. 1965, ch. 347, § 29; L. 1980, ch. 169, § 1; L. 1983, ch. 191, § 19; L. 1985, ch. 191, § 55; L. 1986, ch. 213, § 4; L. 1996, ch. 77, § 3; Repealed, L. 2002, ch. 114, § 81; July 1.
CASE ANNOTATIONS
1. Cited in holding probate court not authorized to determine ownership and distribute assets in settling conservatorship estate. In re Estate of Ingram, 212 Kan. 218, 224, 510 P.2d 597.
2. Cited; penalty provisions of K.S.A. 59-1704 as mandatory regardless of conservator's putative good faith examined. In re Conservatorship of Marcotte, 243 Kan. 190, 191, 756 P.2d 1091 (1988).
3. Whether attorney's failure to advise coconservators of accounting requirements proximately caused conversion penalties precluded summary judgment. Winter v. Hope, 253 Kan. 678, 680, 861 P.2d 1282 (1993).
4. Death of conservatee does not discharge conservator from duty to complete statutory duties. In re Guardianship & Conservatorship of Heck, 22 Kan. App. 2d 135, 140, 913 P.2d 213 (1996).
In re the Conservatorship of Huerta, 41 P.3d 814 (Kan. 2002). “The district court appointed a nephew and niece as co-conservators in 1980. Marcotte died testate in 1983, and the provisions of his will passed the bulk of his estate to eight beneficiaries in equal proportions.”
In Re Conservatorship of Marcotte, 756 P.2d 1091 (Kan. 1988). “They alleged that Winter and Graff had failed to provide yearly accountings as required by K.S.A. 59-3029, that the beneficiaries had not received notice of the proceedings to terminate the conservatorship, and that the final inventory of the conservatorship failed to present an…”
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). “K.S.A. 59-3029(b) requires every conservator to present a verified final account and a petition to settle and allow payment “[a]t the termination of the conservatorship.”
Est. of Ingram v. Ingalls, 510 P.2d 597 (Kan. 1973). “K.S.A. 1972 Supp. 59-3029 provides: "Accounting and settlement.”
Winter v. Hope, 861 P.2d 1282 (Kan. 1993). “The pertinent portion of K.S.A. 1980 Supp. 59-3029, during the period of the conservatorship, stated: “Except where expressly waived by the court, every conservator shall annually present a verified account covering the period from the date of appointment or the last account.”
— K.S.A. § 59-3029(b) — 2 cases
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). “K.S.A. 59-3029(b) requires every conservator to present a verified final account and a petition to settle and allow payment “[a]t the termination of the conservatorship.”
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