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Questions Answered by Doug Coe
1 Answer | Asked in Probate for Kansas on
Q: What is the probate court process to request simplified estate status?
Doug Coe
Doug Coe
answered on Mar 30, 2020

In Kansas, there are a series of documents to be completed and filed with the Court in order to have a simplified administration. However, the primary document is a Petition. If your situation allows for a small estate affidavit, review the resources here:... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can beneficiaries get copies of the will before it's filed in probate? Executor does not communicate with others.

There are four beneficiaries to mother's will (she passed approximately 3 months ago). The executor has not contacted/responded to any of the beneficiaries. The financial advisor for deceased parent refuses to give a copy to any beneficiaries, stating that we should get it from executor. How... View More

Doug Coe
Doug Coe
answered on Mar 19, 2020

In Kansas, whoever is in possession of the Will must record it in Court and send copies to the named beneficiaries and certain family members within six months from the date of death. The controlling statues is pasted below. If he or she fails to file the Will within six months, there can be... View More

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.

He had no will. 2 surviving adult daughters, sister and brother. He left 2 houses, cars, trucks, and bank account. His daughters are about to open probate and the siblings said they will contest it. What can his daughters do? Before getting passed, he gave his daughter a house. After he passed the... View More

Doug Coe
Doug Coe
answered on Mar 17, 2020

I agree with Mr. Stockwell and would echo his suggestion to speak with an attorney. I think that is the best answer to your question "What can his daughters do?" If the siblings want to contest the matter, an attorney will be very helpful.

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2 Answers | Asked in Probate for Kansas on
Q: My mother passed away in September with no will or estate. She was the single owner of a home. How do we sell said home?

There was no will, no estate, no POA or deeds to the home signed over to anyone. We know she owes back property taxes. How do we go about getting the home in someone elses name so that we can pay off taxes, take ownership and sell the home so it's not just sitting vacant?

Doug Coe
Doug Coe
answered on Mar 4, 2020

Based on this info, you'll most likely need to do what's called a Determination of Descent, which is a limited probate proceeding, assuming the real estate is located in Kansas. Would certainly encourage you to hire an attorney for this.

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1 Answer | Asked in Probate for Kansas on
Q: Living estate, Do I have any rights as the property owner before my step mom passes away?

She keeps moving things to her new homestead that had been on my dads place before they were married. ....hay barn, small round top shed..neither were attached to the ground. Those are just the things I noticed from the hwy way as she said i was not allowed on the property.

Doug Coe
Doug Coe
answered on Mar 4, 2020

Tough to say without more info. I'd certainly reach out to an attorney to represent you and to get more thorough advice. With that said, if you own the property and she is a tenant, your rights are largely governed by the Kansas Landlord Tenant Act and the lease agreement, if any. As for... View More

2 Answers | Asked in Estate Planning for Kansas on
Q: Is there any way to tranfer a deed after death without probate?

My father died 3 years ago and we just recently found out that only his name was on the deed to my parents house (he inherited it back in the early 80s) My mother had early dementia and I guess there were some things she didnt take care of after his death. The only "estate" he left was... View More

Doug Coe
Doug Coe
answered on Feb 28, 2020

From what you've said, you will have to do at least some amount of work with the probate court. However, there is a simplified proceeding called a Determination of Descent. It is much easier than the traditional probate preceding, and it is commonly used in situations like this. I would... View More

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Beneficiary of a POD account of brother. No assets and no will. Am I liable for any debts he has.

What are my legal requirements?

Doug Coe
Doug Coe
answered on Feb 4, 2020

In Kansas, assuming you didn't co-sign on any of his debts, and assuming you weren't a fiduciary for him, you won't be liable for his debts. Without knowing more, it's tough to say if there are any legal requirements to be aware of. Generally speaking, simply being a... View More

2 Answers | Asked in Estate Planning for Kansas on
Q: When a person makes a will in Kansas, is is required of her beneficiaries to give her their social security numbers?
Doug Coe
Doug Coe
answered on Jan 29, 2020

No social security numbers required. I'd encourage you to talk to an attorney though, as I've seen many DIY wills turn out to be a big mess after the fact. Good luck!

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1 Answer | Asked in Estate Planning for Kansas on
Q: What is a fair executor fee on a $120,000 estate in Kansas with no probate?
Doug Coe
Doug Coe
answered on Jan 23, 2020

Technically, if there is no probate, there is no executor -- which means no fees at all. To the extent someone has to actually do work on behalf of the estate, it's usually done on an hourly basis and the hourly rate is based on complexity of work and skill sets required. The size of the... View More

2 Answers | Asked in Probate and Estate Planning for Kansas on
Q: my sister power of attorney. Dad's will He told everyone there part separately. I read the will. After he passed the

Will wasn't followed. Me and my brother contacted her and asked what was going on and She said with what. What dad left each of us. She said there was nothing. I read the will when it was drawn up. And my father never changed it that I know and am sure of. What do I do.

Doug Coe
Doug Coe
answered on Jan 6, 2020

The Power of Attorney became void upon your father's passing, so your sister wouldn't have the legal authority to act under the POA beyond your father's lifetime. If she used the POA to transfer assets after his passing, there may be liability. I agree with Nina and would strongly... View More

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2 Answers | Asked in Estate Planning for Kansas on
Q: My husband and I moved to Missouri from Texas. Are our Texas wills valid in Missouri?
Doug Coe
Doug Coe
answered on Jan 6, 2020

I agree with Nina - hire a local attorney. In addition to the Wills, you also want to make sure the rest of the estate planning documents work in the new state. For example, powers of attorney, advanced directives, etc. Lastly, if there is new real estate, that almost certainly means additional... View More

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