ARTHUR E. NICHOLAS, Executor of the Estate of Sheryl A. Nicholas, Deceased, Appellant, v. RUBY E. NICHOLAS, Appellee, and SHERYL A. NICHOLAS, v. RUBY E. NICHOLAS., 277 Kan. 171

Summary

While a marital property temporary restraining order issued pursuant to Kan. Stat. Ann. § 60-1607(a)(1) (2002 Supp.) was in effect, the decedent created a new will, changed the beneficiary on his life insurance policy, made pay on death (POD) and transfer on death (TOD) designations on several accounts, and attempted to unilaterally sever joint tenancies. He died two days before the divorce trial date. The trial court granted summary judgment in favor of the widow, ruling that the decedent's actions had violated the temporary restraining order and that titles to the accounts should remain as they existed when the order was issued. Reversing in part, the court observed that the restraining order had not prohibited the decedent from changing beneficiary designations for his life insurance or the POD and TOD accounts. Thus, the decedent did not violate the order by doing so. The decedent's attempt to unilaterally sever joint tenancies was ineffective. An invasion of privacy action brought...