After a hearing on the issue, the district court found that a petitioner who has been granted the right to petition for reinstatement of maintenance, when accompanied by an agreement that maintenance is enforceable after the payor's death, retains that right after the death of the former spouse. However, the court held the 120 months in which petitioner would have had to move for reinstatement of maintenance is shortened to the time allowed for claims against the estate or would be considered abandoned. Eventually, the district court granted petitioner's timely motion for reinstatement of maintenance for an additional 121 months. The court considered the size of the estate and weighed that against the resources and the needs of the petitioner. The court further considered whether the maintenance allowance would enhance petitioner's lifestyle.
Respondents appeal the district court's orders.
Clearly, the district court reserved jurisdiction to hear a motion for reinstatement of maintenance in the amended divorce decree. A district court may use the Probate Code, Chapter 59, to settle the accounts of an estate. K.S.A. 1998 Supp. Further, it was necessary for judicial economy for petitioner to file her claim against the estate in the division of the district court that was handling the probate proceeding. See K.S.A. 59-2237.