Salina, KS asked in Family Law and Probate for Kansas

Q: how can i find out about my dads estate

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • 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.

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