The question appears to indicate that an attorney in fact under a power of attorney signed an agreement to sell a house owned by the principal. The sale was not completed before the passing of the principal. For the most part, a power of attorney is not effective after the death of the principal.... View More

The Kansas Constitution provides that, "A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, togeth er with all the improvements on the same...shall not be... View More

After a Kansas resident passes away, any will known to exist is to be filed with the court and probate proceedings initiated within six months. K.S.A. 59-617. Probate is essential to give effect to the will. K.S.A. 59-616. The person(s) with access to the will have an affirmative obligation to... View More

Kansas staute 58-201 reads as follows: Liens for materials and services; filing statements with register of deeds, contents. Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods,... View More

Your question is about the extent of coverage of an E&O insurance policy. The extent of the coverage would be affected by the specific terms of the insurance policy. Rather than rely upon a blanket statement, you may want to have an attorney review your specific policy to answer the question.... View More

Your mother prepared and filed a transfer on death (TOD) deed after your father passed in 1990. In or about 2009, your sibling (implied to be a beneficiary of TOD deed), passed away. After your sibling's passing, your mother wrote an updated "will" that was notarized.

A... View More

In Kansas, payment of final expenses of the decedent would be expenses the estate would be obligated to pay. A proper claim would need to be made within the time allowed.

The spouse also has rights to request a share of the estate under different statutes, including spousal allowance,... View More

A small estates affidavit is for certain items of tangible and intangible personal property. A house and the land it occupies would be real property. The appointment of an administrator (no will) or executor (will) is necessary to effectuate a transfer of a decedent's real property. If there... View More

If work is done as a subcontractor on residential real estate, there is a process provided for by statute to file a mechanic's lien on the property. For improvements to existing residential property, the statute is K.S.A. 60-1103A (for new residential property K.S.A. 60-1103B). The filing of a... View More

Assisted living facilities are regulated in the state of Kansas. https://www.kdads.ks.gov/docs/default-source/General-Provider-Pages/provider-statutes-and-regulations/ksa-and-kar-for-adult-care-homes/assisted-living---residential-health-care-facilities.pdf?sfvrsn=9c9706ee_2 . One of the first... View More

Your statement seems to indicate the following: You have a garage that opens into an alleyway. A business built a bulding that extends into the alleyway that blocks access to your access. Your access has previously included access through a vacant city lot for 30 years. It is a little unclear as... View More

A limited liability company (LLC) in Kansas may have a structure as determined by the operating agreement. LLC's were created simplify governance as compared to regular corporations. The organizers/members of an LLC have broad discretion to define the control strucure. A single member LLC... View More

You should work with an attorney where your mother was living at the time the will was prepared. An attorney might have better luck knowing which attorneys to contact and have a chance to visit with those attorneys. There is a duty to make reasonable inquiry to locate the will, and your attorney... View More

The state with primary authority over a peron's estate would typically be the state in which the person was a resident at the time of death. If your father was a resdient of Tennessee, you should consult with a Tennessee attorney. Some estates allow for smaller estates composed of certain... View More

The normal course of a real estate transaction involving an escrow agent is for the deed and buyer’s funds to enter escrow (with all executed documents) and for the deed to be filed and for the escrow agent (title company, typically) to confirm that no documents have been filed since preliminary... View More

An administrator is subject to the oversight of a probate judge. If the estate is one of "simplified administration", there is less supervision required than under normal administration. All administrators have a fiduciary responsibility to act in the best interest of the estate, its... View More

Depending upon the size or value of the estate, the potential claims against the estate, and the agreement among the possible heirs, there are several options availiable to the heirs at law. Simplified adminstration allows for minimizing the oversight of the court and is generally available if the... View More

You are planning on writing a will. A will is a document that--in Kansas at least--is given no legal effect until it is probated in a court after the person who wrote the will (the “testator”) has passed away. When you pass, and the will is filed with the court and determined to be valid, the... View More

Simplified estates probate procedure is designed to assist people with circumstances similar to yours. One or several heir(s)/beneficiary(ies)/legatee(s)/devisee(s) whose interests and relationships are in alignment; fixed assets (as opposed to an ongoing business), the amount of assets, the... View More

There are several different procedures under which the probate proceeding could have been filed. You indicate you recently signed a consent and waiver and that a final settlement was filed. Any person who has an interest in the estate should keep informed about the progress the probate proceeding.... View More