As a general matter, it is not a requirement to have a will typed, and there is no requirement that the will be typed by someone other than yourself. However, there are a LOT of other variables to consider. As a probate and estate planning attorney, I've seen countless messes that not only... View More

In Kansas, a Will, by itself, won't transfer any assets until it has been probated. This is a court process usually supervised by a Judge. I would highly recommend speaking with a lawyer about this situation. Your lawyer can help review the Will and present it to the probate court. There... View More

It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the... View More

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

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... View More

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

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

I agree with Mr. Stockwell, but would add one additional point of clarification. If the transfer on death deed was, in fact, filed prior to death, the affidavit you likely need is a simple and straightforward project for an attorney familiar with this area of the law. I would certainly encourage... View More

I would highly encourage you to talk to a lawyer. Depending on the unique facts of the case, you may be able to recover some amount of money. These are very fact specific cases, so an attorney would be a great resources.

I would highly encourage you to speak to an attorney about this. It's not as simple as "the landlord can't evict me." There are a number of nuisances to the current executive orders, and an attorney should be able to help your specific situation. Kansas Legal Services may be able to help, too.

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

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

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

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

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

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

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

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

In Kansas, you always want -- and any many cases need -- the signature of both houses anytime you transfer land. However, if she were to transfer the land by way of her estate plan, and if her husband was living at the time of her death, you'd want his signature waiving his rights to the land... View More

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