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.
A: 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 in order for it to transfer to you and your brother. For example, if she actually wants to transfer by way of the will, her husband should consent to the will. Using a will is probably NOT the best tool for the job, though. This would force the land through probate, and I bet you'll want to avoid probate. With that said, there are a lot of moving parts here, so I would strongly encourage you to talk to hire a lawyer for this one.
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.
