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Questions Answered by Doug Coe
2 Answers | Asked in Probate for Kansas on
Q: How do I obtain an affidavit of one and the same for a deceased person?

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 »

Doug Coe
Doug Coe answered on Oct 9, 2020

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 »

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1 Answer | Asked in Foreclosure and Real Estate Law for Kansas on
Q: home was foreclosed on and sold for more than the final balance, are we owed the excess money?

Is a very long situation and a lot of detail , I want to know if I have an option here or not to pursue it.

Doug Coe
Doug Coe answered on Oct 5, 2020

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.

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: I am being evicted for not paying my rent in kansas. My hours were cut a lot so I signed the declaration thingy but stil

I'm still being evicted even the judge said. I see all over the internet no one can be evicted how am I still being evicted??

Doug Coe
Doug Coe answered on Oct 5, 2020

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.

1 Answer | Asked in Probate for Kansas on
Q: Husband passed. I'm his wife and executioner of will. Sister put property that us co-owned by both in probate.

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?

Doug Coe
Doug Coe answered on Oct 5, 2020

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 »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Who gets deceased grandparents assets after their child dies?

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 »

Doug Coe
Doug Coe answered on Oct 5, 2020

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 »

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1 Answer | Asked in Probate for Kansas on
Q: I gave a lawyer $1500 to probate my mothers estate. It’s been 2 mo and he has not filed any paperwork. Is this normal?

He refused to return my emails or phone calls. He finally called after a nasty email I sent. I want to fire him but I will probably lose $500 and two months.

Doug Coe
Doug Coe answered on Sep 2, 2020

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 »

1 Answer | Asked in Estate Planning for Kansas on
Q: Do I contact his lawyer or wait as I just recently was m

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 »

Doug Coe
Doug Coe answered on Aug 24, 2020

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

1 Answer | Asked in Probate for Kansas on
Q: K.S.A. 59-1507b - Small Estates Affidavit was filed with Leavenworth, KS Probate court. But something is missing. What?

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 »

Doug Coe
Doug Coe answered on Jul 3, 2020

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 »

1 Answer | Asked in Probate for Kansas on
Q: Statue of limitations on probate?

Mother posted away 2 1/2 years ago, youngest brother and family took care of her in last months of her life. The lived in house taking care of her, and still do.

Do not know if there is Will?

Doug Coe
Doug Coe answered on Jun 15, 2020

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 »

1 Answer | Asked in Probate for Kansas on
Q: My father suddenly passed away. My sister is sole beneficiary but there was no will. Am I entitled to half?
Doug Coe
Doug Coe answered on Apr 27, 2020

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 »

1 Answer | Asked in Probate for Kansas on
Q: how do i file for "standing" on my fathers estate my step mom has not produced a will he passed in january

i also need to admit the probate to the court is that something a lawyer will have to do or can i also dose it matter what order and is there anything else i should be doing

Doug Coe
Doug Coe answered on Apr 18, 2020

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 »

1 Answer | Asked in Estate Planning for Kansas on
Q: My mom and dad divorced. My dads father still left my mother land. She was remarried when this occured.

She wants to will the land to my brother and i. He was never left any of this but does he have to sign the deed? He being her husband.

Doug Coe
Doug Coe answered on Apr 6, 2020

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 »

1 Answer | Asked in Probate for Kansas on
Q: How do I obtain ‘simplified small estate’ probate status?

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 »

Doug Coe
Doug Coe answered on Mar 30, 2020

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 »

1 Answer | Asked in Probate for Kansas on
Q: What is the probate court process to request simplified estate status?
Doug Coe
Doug Coe answered on Mar 30, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can beneficiaries get copies of the will before it's filed in probate? Executor does not communicate with others.

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 »

Doug Coe
Doug Coe answered on Mar 19, 2020

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 »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.

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 »

Doug Coe
Doug Coe answered on Mar 17, 2020

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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2 Answers | Asked in Probate for Kansas on
Q: My mother passed away in September with no will or estate. She was the single owner of a home. How do we sell said home?

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?

Doug Coe
Doug Coe answered on Mar 4, 2020

Based on this info, you'll most likely need to do what's called a Determination of Descent, which is a limited probate proceeding, assuming the real estate is located in Kansas. Would certainly encourage you to hire an attorney for this.

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1 Answer | Asked in Probate for Kansas on
Q: Living estate, Do I have any rights as the property owner before my step mom passes away?

She keeps moving things to her new homestead that had been on my dads place before they were married. ....hay barn, small round top shed..neither were attached to the ground. Those are just the things I noticed from the hwy way as she said i was not allowed on the property.

Doug Coe
Doug Coe answered on Mar 4, 2020

Tough to say without more info. I'd certainly reach out to an attorney to represent you and to get more thorough advice. With that said, if you own the property and she is a tenant, your rights are largely governed by the Kansas Landlord Tenant Act and the lease agreement, if any. As for... Read more »

2 Answers | Asked in Estate Planning for Kansas on
Q: Is there any way to tranfer a deed after death without probate?

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... Read more »

Doug Coe
Doug Coe answered on Feb 28, 2020

From what you've said, you will have to do at least some amount of work with the probate court. However, there is a simplified proceeding called a Determination of Descent. It is much easier than the traditional probate preceding, and it is commonly used in situations like this. I would... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Beneficiary of a POD account of brother. No assets and no will. Am I liable for any debts he has.

What are my legal requirements?

Doug Coe
Doug Coe answered on Feb 4, 2020

In Kansas, assuming you didn't co-sign on any of his debts, and assuming you weren't a fiduciary for him, you won't be liable for his debts. Without knowing more, it's tough to say if there are any legal requirements to be aware of. Generally speaking, simply being a... Read more »

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