Salina, KS asked in Family Law and Probate for Kansas

Q: how can i find out about my dads estate

Related Topics:
1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
Answered
  • Probate Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: 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 will, the person in possession of the will has an obligation to file the will with the court within six months of the date of death (and you should receive notice of that filing as well). As an heir at law, you may file your own petition to probate your father's estate. The person appointed as administrator would have the power to collect up the assets your father had. Your father may not have significant assets that would be subject to probate. If there were a transfer on death designation on a deed or accounts or beneficiary designations on brokerage or insurance accounts, those assets could transfer directly, outside of the jurisdiction of the probate court. If there was a revocable living trust, the trust could hold assets that are to be distributed directly to the beneficiaries named in the trust. You should seek the advice of an attorney to plan a specific course of action based upon your father's personal circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.