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:...Read 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...Read 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,... Read 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...Read 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?
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...Read 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... Read 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...Read 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 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?
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...Read 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... Read 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...Read 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...Read more »
My parents divorced and they still were in contact. My stepdad told my mother he was still keeping the trust for my son for after he passed away to make sure my son was supported. It's been about two weeks since he past. Am I suppose to call lawyer to find out. He lived in greece and passed in... Read 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... Read more »
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,...Read 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...Read 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,...Read 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...Read 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...Read 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... Read 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...Read more »
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:...Read 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... Read more »
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...Read 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... Read more »
I agree with Mr. Stockwell and would echo his suggestion to speak with an attorney. I think that is the best answer to your question "What can his daughters do?" If the siblings want to contest the matter, an attorney will be very helpful.
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