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Kansas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: I hired a lawyer in KS for probate of property in KS. I'm in the middle of the case, can fire my lawyer

I live out of state. I'm in the middle of probate in KS, and I want to change my lawyer and complete the process myself, is this possible? If so, what are the steps and would I need to appear in KS at some point?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 16, 2021

Generally, yes you can do this. You would have to inform the attorney and he would "unenroll" from the case.

However, if you have any outstanding obligations to the attorney, under the laws of most states, the attorney would have the option of filing a "claim" as a...
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2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: What happens to a long term significant other when the owner of a house dies without a will in Kansas?

Lived together for 10 years, only one taking care of him through Cancer

Nina Whitehurst
Nina Whitehurst answered on Jun 21, 2021

When a person dies without a will, he is said to have died “intestate”, and the persons who inherit from him are determined by that state’s laws of “intestate succession”. The laws of intestate succession direct a hierarchy of kinship that generally favor the spouse and children first,... Read more »

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1 Answer | Asked in Estate Planning for Kansas on
Q: My wife and I made out a will with a lawyer 35 years ago in Iowa. We now live in Kansas. Is it binding in Kansas?

The lawyers office has signed & notarized originals, and we still have our copies.

Scott C. Stockwell
Scott C. Stockwell answered on Jun 9, 2021

Kansas allows for the probate of wills executed outside the state. K.S.A 59-609 provides that a will executed outside the state in the manner prescribed for Kansas wills, or by the law of the place of it was signed, or by the law of the place testator's residence either at the time of its... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: GM passed 4/4, listing and contract on home signed 3/26 & 4/4 prior to her death. Bank is trust. Was house in trust?

My uncle and I were my grandmother's financial and medical DPOA's. We had to place her in nursing facility on 3.25.21 and her home was then listed for sale on 3.26.21 to pay expenses. My uncle signed the listing agreement on her behalf on that date and a contract was placed for the... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 26, 2021

Your question is highly fact-specific, not a general question that can be answered with a general answer. You need a personal consultation with an attorney who can review all of the facts and give you personalized advice.

1 Answer | Asked in Estate Planning for Kansas on
Q: Mother passed. No will. Verbal wishes expressed to all four children that she desired all assets to be divided equally.

Assets are bank account approx. $175k which she named 2 dtrs as co-owners. 40 acres of farmland that also names these 2 dtrs on the title. All children are in agreement to divide evenly 4 ways. All agree to hold the land at the present time. It is currently being rented by a farmer. It yields... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on May 2, 2021

Your fidelity to fulfilling your mother's wishes is admirable. She would be proud. There are some details that are undefined that could be important to the proper method of implementing your mother's wishes and you should seek the advice of an attorney and a tax advisor.

If your...
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1 Answer | Asked in Estate Planning for Kansas on
Q: Considering placing house in trust to prevent inheritance by spouse's family.

Married in 2013. Home in Kansas was purchased later that year for approx $125k, using funds exclusively from wife. This is the residence. Currently worth approx $150k.

Wife wishes that upon her death, husband is allowed to stay in the home until no longer needed, then it is to pass on to... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on May 1, 2021

It would be possible for a husband and wife to transfer their residence to the wife as trustee under a revocable living trust established by her and naming her as the initial trustee. The trust could provide for the husband to have the right to live in the house during his lifetime. Mortgage and... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My mother died and left no will. Can I legally sell her belongings to pay expenses and how do I sell her car?
Scott C. Stockwell
Scott C. Stockwell answered on Apr 21, 2021

The options available to you depend upon the nature and amount of assets in the estate, whether a will exists, and the cooperation of all of the persons who are heirs at law or named in the will, if any. For small estates not involving real estate or intangible assets such as stocks, there is a... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My father is executor of my grandmothers estate she verbally left the house to me. What is the next step? In Kansas

My father and his brother are in agreement with her wishes.

Scott C. Stockwell
Scott C. Stockwell answered on Apr 21, 2021

If you, your father, and brother represent all of the persons with a possible interest in your grandmother's estate, the three of you may enter into a valid settlement agreement that controls the ownership of property in the estate. There are several steps that you would have to follow to... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My mother father had a will forme and my brother to split everything 50 /50 the willwas that way 54 years mom died

And dad changed it my brother got everything I didn't even get a will copy is this legal

Scott C. Stockwell
Scott C. Stockwell answered on Apr 5, 2021

It is unclear whether your question pertains to your mother's or father's estate. Because of that ambiguity, I would encourage you to visit with an attorney.

Your mother and father may have had a joint will. Attorneys generally discourage clients from writing joint wills because...
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1 Answer | Asked in Estate Planning for Kansas on
Q: Why is it that a mental evaluation is required to prove that the elderly person has been conned into signing a trust?

Why is it that a mental evaluation is required in order to prove that an elderly person has been conned into adding a POD on their banking account?

Scott C. Stockwell
Scott C. Stockwell answered on Mar 25, 2021

Kansas has statutes and case law that recognize that undue influence and manipulation of an elderly person is wrong. In some instances, it is a crime. In some instances, the court has the power to right the wrong. In both instances, the court's job is a difficult one. As all people age, their... Read more »

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Kansas on
Q: Who has the legal rights to own the possessions of a deceased roommate if said roommate has no family?

My friends housemate passed away recently. They lived together for about 10 years in one house (owned by the living housemate) in Missouri. The deceased had no family at all that were living, except for one estranged brother who may be in prison, whereabouts unknown and no will made out. The... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

A Kansas attorney could advise best here, but your post remains open for four weeks. At this point, you might not want to lose more time waiting for a response in a different legal category, but this is something that attorneys in the Probate and Estate Planning categories would have the most... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I’m representative for my Dad’s estate, my sister’s and I were all 3 on the deed. Can I charge a fee on the house & pro?
Doug Coe
Doug Coe answered on Feb 3, 2021

There are a number of factors here. Generally, estate representatives can charge a reasonable fee for services rendered. However, if you are actually appointed as the representative for the estate via the court process, the Judge will ultimately have to approve your fees. If an estate... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: The administrator for my deceased husband hasn't talked for more than half year. What can I do from here in Kansas?

My husband passed away 3 years ago in Kansas. He had properties in Kansas and Arkansas. The executor for his case requested documents in this past February. I haven't hard anything about this since then. What can I do to get updates for this case and move on?

Doug Coe
Doug Coe answered on Nov 5, 2020

Surviving spouses certainly have rights in Kansas. If there is reason to think the administrator/executor isn't doing what they need to be doing, I would strongly encourage you to talk to an attorney. They may be able to file certain motions with the Court to get things going, or there may... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Kansas on
Q: So my mom passed December 9th 2019 I'm a only child 49 and son. My.cousin is on the deed . How do I get on it ?

Shes trying to sell it. The will was not filed prior to death at the register of deeds and I didnt know about the 6months affidavit. She never showed me the willl so the trying to control the outcome and the bank is owed 16,000 $

Scott C. Stockwell
Scott C. Stockwell answered on Oct 14, 2020

Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence.

A will controls the...
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1 Answer | Asked in Estate Planning for Kansas on
Q: I have a notarized trust document, in my name, but never filed. A legal description of my house is part of the doc.

I want to file the trust. What do I need to do to get it done.

Scott C. Stockwell
Scott C. Stockwell answered on Oct 14, 2020

If you are referring to a revocable living trust, the trust document itself is not typically filed with the Register of Deeds. The trust also does is not normally filed with the court as well.

If your house is to be transferred to you as a trustee of the trust, such a transfer would be...
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2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Who gets deceased grandparents assets after their child dies?

My grandparents passed away a couple years ago. They had 11 children. All said and done, they all split everything 11 ways and walked away with around $100k each. My mother recently passed unexpectedly. She did not spend any of the money from my grandparents. Is that money now her spouses (my... Read more »

Doug Coe
Doug Coe answered on Oct 5, 2020

I would strongly recommend you talk to you in attorney about this. There are a number of variables that will affect the outcome. If she passed away without a Will and as a resident of Kansas, and if the assets did not have beneficiary designations on them at the time of her passing, they will pass... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My father has been deceased since dec,19. Do I need a lawyer to put his home in my name? What do I need to Do?

Are there fees to do this? I've been living and paying bills here since February of this year.

Scott C. Stockwell
Scott C. Stockwell answered on Sep 19, 2020

Unless a will is located, the laws of intestacy would control who inherits from a deceased parent. A court proceeding would be required to complete a transfer of ownership of the real estate. If there is a spouse, the spouse receives a share of the estate (based upon the number of years married... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Do i need a lawyer to transfer my dad's name to my name? He has a home in his name. I've never owned a home before.
Scott C. Stockwell
Scott C. Stockwell answered on Sep 18, 2020

There are several issues that could arise if your dad were to transfer his home to you. You would want to ensure that the transfer was completed correctly. If your dad is a recipient or possible future recipient of Medicaid assistance, the transfer could cause him to be ineligible for Medicaid... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: Do I contact his lawyer or wait as I just recently was m

My parents divorced and they still were in contact. My stepdad told my mother he was still keeping the trust for my son for after he passed away to make sure my son was supported. It's been about two weeks since he past. Am I suppose to call lawyer to find out. He lived in greece and passed in... Read more »

Doug Coe
Doug Coe answered on Aug 24, 2020

Reaching out to the lawyer would be a great starting point. I'd encourage you to do that!

1 Answer | Asked in Estate Planning for Kansas on
Q: Can I sell a car titled in the name of the a trust if my brother and I (only beneficiaries) are both in agreement to sel

My parents are both deceased. The trustee has done nothing for six months and now refuses to handle the trust. What are my options? My brother lives out of state and thinks that now he can just start sending off to access money from the IRA, investment account, and life insurance that are... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

The starting point is to read the trust document to see how one goes about removing and replacing a non-performing trustee. I recommend that you hire an trust administration attorney or trust litigation attorney to help you with this.

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