lawyers trying to settle and sibling declare descendants wasn't in a will and trying to force sheriff sale
answered on Mar 5, 2021
In Kansas, there are ways in which real estate can transfer outside of probate and without respect to what a Will says. Seems like there are a number of issues here. I would recommend hiring an attorney -- even if just for an hour or so -- to help figure out what exactly is going on. Disclaimer:... View More
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... View More
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... View More
A family member passed away unexpectedly without a will. Their only asset was a car, they rented their home & did not own any property. it is believed they had some debt, primarily credit cards. Not sure if the vehicled has a TOD on the title. Would the sale of any household appliances,... View More
answered on Nov 23, 2020
In Kansas, there would be number of variables to consider. That said, generally, all of a person's property that does not have a beneficiary designation on it (or co-owner w/ survivorship rights) is part of the estate and can be used to satisfy enforceable debts. There may be some... View More
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?
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... View More
The trustee (other sister) expects me to pay 1/3 of taxes, insurance and repairs out of my share. How do I get the house sold and make sure I don’t pay for the sister to live rent free at my expense??
answered on Oct 23, 2020
The best solution in these situations is for the sister in possession to buy out the shares of the other two co-owners. If she refuses, or if you simply can't reach agreement on a price, then you can hire an attorney to file a lawsuit to force the sale of the house and the three of you will... View More
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 $
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... View More
My mother recently passed away and signed a transfer on death certificate for her home to me. Upon sending it to the register of deeds they returned it and said that it was missing the middle name initial and they would not release the property to me. They explained that they need an affidavit of... View More
answered on Oct 8, 2020
Kansas last provides: “59-3502. Same; filing of form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the... View More
I married my husband on the 17th and he passed on the 19th. He had a will and left everything to me. Him and his sister were co-owners of property. She has put it all in probate. What can I do about this?
answered on Oct 5, 2020
I would highly recommend you talk to a lawyer about this. There are a number of additional details that will effect the outcome. However, if he and his sister jointly owned the property where she had the rights of survivorship, those assets are likely going to be hers. She would not need to go... View More
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... View More
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... View More
Are there fees to do this? I've been living and paying bills here since February of this year.
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... View More
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... View More
He refused to return my emails or phone calls. He finally called after a nasty email I sent. I want to fire him but I will probably lose $500 and two months.
answered on Sep 2, 2020
In Kansas, the process can take some time. That said, if two months have passed since he was supposed to file documents, and if he still hasn't after your recent phone call, you might be wise to at least touch base with another attorney. If the first one didn't do any work, you... View More
There was no will so we filed the form, K.S.A. 59-1507b - Small Estates Affidavit, to get Administration rights to close fathers accounts and affairs. We never heard anything from the courts and they won't tells us anything either on the phone or in person. All the court clerks indicate is... View More
answered on Jul 3, 2020
Generally speaking, there's no need to actually "file" the Small Estate Affidavit. It can be shown directly to the bank or other institution, and they transfer the assets pursuant to the affidavit. On the other hand, if probate administration is needed due the nature of the estate,... View More
Mother posted away 2 1/2 years ago, youngest brother and family took care of her in last months of her life. The lived in house taking care of her, and still do.
Do not know if there is Will?
answered on Jun 15, 2020
Assuming title is still in Mom's name, and assuming there wasn't a transfer on death deed recorded prior to her passing, and assuming you're trying to figure out how to transfer title to the house, it looks like you will need to go through at least some amount of probate. There may... View More
answered on Apr 27, 2020
There are a number of variables. Generally, if the asset is passing by way of a beneficiary designation, the beneficiary designation will control. If the assets have to pass by way of a probate proceeding when there is no Will they pass pursuant to the default rules in Kansas. In that situation,... View More
i also need to admit the probate to the court is that something a lawyer will have to do or can i also dose it matter what order and is there anything else i should be doing
answered on Apr 18, 2020
In Kansas, generally, the first step is to petition the Court for the admission of and probate of the Will. Any interested party can do that, but you'll need a copy of the Will. You don't technically need a lawyer, but it will be a big help. Generally those legal fees are paid for out... View More
I’m named executor in my brother’s recent will. Need a probate letter confirming this before a bank will set up an ‘estate account’ to pay bills and receive refund checks in his name. His lawyer said probate filing is not needed since the will was recorded only a couple months ago. What do... View More
answered on Mar 30, 2020
In order to officially serve as the executor (and therefore have the authority to open an estate account), you will need what's called the Letters Testamentary from the Court. In order to get that document, there are a number of hoops to jump through, including a Petition, Notice, Order... View More
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
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
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
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
answered on Mar 17, 2020
In the absence of a will, a person passes away "intestate", meaning "without a will". Intestate estates pass to the spouse and children; if there is no spouse, then to the children, in equal shares. The first step for children of the deceased is to open an estate. The person... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.