After a fiduciary (executor if there is a will or administrator if there is no will) has been appointed to handle the estate, the fiduciary will need to safeguard the assets while the estate is being administered. Some assets may be sold, and others may be held for eventual distribution. With a... View More

A typical residential real estate transaction in Kansas is structured to provide an limited time for an opportunity for an inspection to be conducted after the agreement is signed. Typically, there is also a procedure that allows the buyer to request repairs to address issues found. The seller may... View More

If you directly own an interest in the building (your name is on the deed), there is a process called partition in which you file a lawsuit asking the judge to “partition” the property. If it is not possible to “partition” the property into seaprate, discrete parts, as would likely be the... View More

There are two parts to the question. The first being the nature of the interest that was transferred to your husband. If your husband holds his interest as a tenant in common, then his interest in the property would pass subject to his will if one exists, or the laws of intestacy, subject to your... View More

If you or your children know who the attorney was that drafted the will, you could reach out to that attorney and ask for the original or a copy. If the original is not found, one of your children could ask the court to probate the lost will, if its contents are known. There is a presumption that a... View More

If your parents transfer the house to you, you take out a loan and pay to them a part of the fair market value of the property, the difference between the fair market value and your payment is a "gift." Your parents' gift does not create a taxable event for you. Your parents may have... View More

My condolences for your loss. If a probate case has been filed, the Clerk of the District Court in the county in which he resided can provide the file contents to you. As an heir at law, you should have received notice of any probate estate that has been filed in the district court. If there is a... View More

You describe a situation in which you believe "fraud" may have occurred and that possibly a person who acted in a fiduciary capacity may have taken advantage of your mother who was in a diminished capacity. As an heir at law of your mother, you have an interest in her estate and may file... View More

You describe an estate in which the administrator has (a) failed to pay taxes and caused a property to be at risk for loss; (b) converted estate property for personal use; (c) lost another property to repossession due to unpaid obligations; and (d) failed to conclude an estate in a four-year... View More

The initial sale of the house is to the county for the back taxes. There is a period of time in which the owner of the property may redeem the property. You should contact an attorney immediately to determine (a) when the sale took place; (b) the exact period of redemption you have; (c) the... View More

The statute provides:

59-602. Limitation on testamentary power. Any devise or other disposition of real estate located in this state taking effect in possession or enjoyment at death, and any bequest or other disposition of any personal property by a resident of this state taking effect in... View More

A determination of descent is a proceeding in probate court to determine the heirs of law of a person who has passed away and to enter an order transferring the assets of the estate to those heirs at law in accordance with the laws of intestacy. If there had been a will, it should have been filed... View More

If there are assets that as of yet have not been transferred of record, the incorrect date in the Decree of Descent might create some confusion and delay in a future transfer. For real estate for which the decree of descent will appear as part of the record of title, the error might cause a delay... View More

You should proceed with caution and take no action without the advice of counsel. Your understood one set of circumstances to justify your initial involvement or investment. Now you are being asked to borrow money to "purchase" the next level. You have characterized the arrangement as a... View More

Publicly available records should identify the name of the trustee and will perhaps identify the mailing address for the trustee. The local government (city or county) may also have an interest in enforcing any rules regarding vacant property and that process may be public record. An attorney... View More

There are appropriate procedures to transfer ownership of the vehicle and to quiet title to the vehicle. How to proceed would depend on the assets involved and the value of the assets involved. If the bank perfected its security interest in the car by recording a lien on the car title, that... View More

A typical probate estate is concluded in about nine months. In some estates, there are circumstances that require additional time to sell assets or conclude lawsuits. Given the time that has passed, it would be reasonable for the estate's attorney to explain the delay and identify when the... View More

The Kansas Elder Law Hotline provides assistance to senior citizens aged 60 and over and to the persons who provide assistance to them. The phone number of the Kansas Elder Hotline is 888-353-5337.

It is likely a probate case will need to be filed for your mother's estate. There several different types of procedures that might be appropriate based upon the specifics of your mother's estate. If there is a need for action or for someone to be appointed as an administrator of the... View More

There will be a need for some type of probate procedure to transfer the ownership of the real property. The type of procedure that would be appropriate would depend upon several factors, including when your father passed, the urgency, and whether there is a need for an executor to be appointed. You... View More