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
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
The assets in an estate in which there is no will are distributed in accordance with the laws of intestacy and spousal rights. You should seek the assistance of counsel to determine the best steps to address our possible interest in the estate. The relative interests of a step-parent and the... View More
In other words, can they sign the deed to me, while the financing remains in their name, but i make the payments?
answered on Sep 19, 2020
Bank mortgagees typically have "due on sale" clauses that provide that mortgage debt accelerates upon the transfer of the property. Sometimes lenders ignore transfers and continue to accept payments. However, the purchaser is taking a risk. The purchaser could make payments that are not... 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
House was in danger of being put up for sheriff sale until I paid delinquent taxes. I want possession and he refuses to cooperate
answered on Sep 9, 2020
If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If... View More
I am working on a project with an amazing woman. Making an app to help pregnant women with lactation questions, and problems. We are doing a lot of scientific data research just curious what the laws are for using their research in the app. What if it needs to be rewritten so that the normal human... View More
answered on Sep 8, 2020
The question could refer to statistical data, general theories supported by the data, or to copyrighted material. The answer may depend upon the information being used and the nature of the use being made. If the use is to cite general concepts, proper attribution may be sufficient. If the use is... View More
Do I have any rights to the home?
answered on Aug 10, 2020
It is essential for you to consult with an attorney to share the details of your specific circumstances. Kansas law allows for prenuptial (before marriage) agreements. K.S.A. 23-2401, et seq. The agreement must be in writing (23-2403) and may only be amended after marriage in writing (23-4306). The... View More
My father in law had a medical emergency while he was visiting me in January 2020 and my wife has to call 911 to take him to hospital, He returned back to India in March 2020. We provided his Travel Insurance details to the hospital, but now after 6 months, I received an Invoice from County to pay... View More
answered on Jul 26, 2020
It is not unusual that the person calling an ambulance is not the person needing the ambulance. The person needing the ambulance is typically liable based upon implied consent. The person is having a medical emergency and it is implied by the circumstances that the person would want an ambulance... View More
I want handle my mother's financial affairs like paying rent & utilities
answered on Jul 20, 2020
A person who is competent and can communicate can appoint another person to serve as his or her Attorney in Fact using a Durable Power of Attorney. The Durable Power of Attorney could be prepared by an attorney to be effective immediately or to spring into effect at a future point in time (e.g.,... View More
Title company wants my signature as well. We live in Kansas. Am I required to sign even though I never had anything to do with the property?
answered on Jul 20, 2020
Kansas has specific provisions with respect to real estate that provide spouses with protection against the transfer of real estate without the spouse's signature. Article 15, Section 9 of the state Constitution provides that the homestead may not be transferred without the written consent of... View More
Mortgage company says new rate will be 3.125, but 6-month libor has been under .5 for several months. Am I correct and if so what can I do about this? My rate adjusts every 6 months.
answered on Jul 20, 2020
The adjustable rate should be ascertainable using the formula stated in the promissory note. The current 6-month LIBOR rate appears to be under 0.34%.
Some typical determinants of an adjustable-rate mortgage calculation are: (1) the specific date from which the 6-month LIBOR is drawn; (B)... View More
answered on Jun 5, 2020
In Kansas, an estate may be opened by any person having an interest in the estate as an heir at law, a legatee or devisee under a will, an executor named in the will, or creditor who is owed money. If no estate is opened within six months of the date of death, creditors' claims would lapse.... View More
She left no living will, she had no bank account, she left me as the beneficiary of her insurance. She did not get to finish the rest of preparing.
answered on May 19, 2020
The place of residence would typically be the location where an estate would be probated if it were necessary to do so. The probate court has jurisdiction--or control--over assets that are located there. So if a person resides in Kansas and owns real estate in Kansas or their personal property in... View More
The bank has requested a quit claim to put the other person on title of collateral property to get loan. Is that true?
answered on Apr 7, 2020
If two people are not married, a person (and his or her spouse) who owns the real property may give a mortgage of the property to secure a loan. The bank may have concerns about making a loan in which there is not an identify of interest between the owners of the collateral and the borrowers on the... View More
answered on Apr 7, 2020
Kansas law provides protections to spouses preventing the sale of real estate without the consent of the spouse. As a practical matter, the spouse's signature is also required on the sale of real estate owned by one spouse. If neither spouse lives in Kansas and has never lived in the state of... View More
General Warranty Deed Joint Tenancy (Statutory) Mr. A & Mrs A ,husband and wife AND Mr. B & Mrs. B Husband and Wife Convey and Warrant to Mr. B & Mrs. B as joint tenants with right of survivorship and not tenants in common, all the following REAL ESTATE...
What is the ownership... View More
answered on Apr 7, 2020
There is more to a deed than these provisions, so you should consult with an attorney to ensure that the document does what is intended and has been properly recorded. With that caveat, the question posed is in the nature of a hypothetical asking how the language quoted would affect the rights of... 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
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?
answered on Mar 4, 2020
If no estate has been opened, a determination of descent proceeding may be initiated after six months have passed from the date of death. A determination of descent proceeding starts with a petition, requires notice to all heirs and notice to the general public by publication, a hearing, and will... View More
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
answered on Feb 28, 2020
There are several procedures that might apply to a situation in which a decedent leaves a spouse and one or more (presumably) adult children.
1. Refusal to grant letters sidesteps formal probate in the event that the size of the estate is less than the spousal allowance. The real estate... View More
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