In re Guardianship & Conservatorship of KaiserAnnotate this Case
After Loyola Kaiser’s husband, Albert Kaiser, died, Heartland Trust Company, as Loyola’s conservator, filed an application in the county court seeking authority to file the elective share it argued was due to Loyola as Albert’s surviving spouse. The county court denied the application. Heartland appealed, arguing that the county court’s decision to deny its application did not conform to the law, was not supported by competent evidence, and was arbitrary, capricious, and unreasonable. The Supreme Court affirmed, holding that the county court did not err when it denied Heartland’s request for authorizing to file for the elective share of Albert’s estate on Loyola’s behalf.