Davis T. Moulden, Appellant/Cross-appellee,
Dustin Hundley, Appellee/Cross-appellant, and Kansas Department of Revenue, et al., Defendants.
Under K.S.A. 59-2239, a party making a claim against a
decedent's estate generally must file a petition within
six months of the person's death for the court to
validate the decedent's will or for the estate to be
administered, otherwise the claim will be barred.
K.S.A. 59-2239 applies to a claim made against a motor
vehicle titled in the decedent's name.
this case, because the claimant failed to file a petition
against the decedent's estate within six months of the
decedent's death, claimant is barred from making his
claim against the motor vehicles titled solely in the
Kansas has a two-year time limit on claims for the taking,
detaining, or damaging of personal property. See K.S.A.
60-513(a). The two-year time limit begins to run when the
claim accrues, either (1) when the act giving rise to the
claim first causes substantial injury or (2) if the injury
isn't reasonably ascertainable until some later time,
when a person could reasonably ascertain the injury.
bailment arises when one party (the bailor) leaves personal
property with another party (the bailee) on deposit or for
some particular purpose under a contractual agreement, either
express or implied, that the property will one day be
returned to the bailor.
constructive bailment is created when a person comes into
lawful possession of personal property of another and when
considerations of fairness support imposition of the
After a bailee's death, when the bailee's heir keeps
bailed property that was in the bailee's possession, a
constructive bailment is imposed by law unless the bailee
acts in a manner inconsistent with a bailment.
the case of a bailment for an indefinite period, the cause of
action does not accrue until the bailor makes a demand for
this case, because the bailee's heir kept the bailed
property after the bailee's death, a constructive trust
was imposed by law. Accordingly, the cause of action did not
accrue until the bailor made a demand on the heir for return
of the property. The suit, which was filed within two years
of that demand, was timely.
from Leavenworth District Court; David J. King, judge.
Jeffery A. Sutton, of Sutton Law Office, L.L.C., of Basehor,
W. Fresh, of Farris & Fresh Law Office, of Atchison, for
Green, P.J., Buser and Leben, JJ.
Hope Hundley's death, her husband, Dustin Hundley, and
her father, Davis Moulden, got into disputes over who owned
two cars and some household furniture that Davis had
transferred to Hope during her lifetime. The district court
concluded that the cars belonged to Dustin, as Hope's
heir, because Hope had obtained title to the cars-and because
Davis didn't make a claim for the cars against her estate
within six months as required by a statute, K.S.A. 59-2239.