Escondido, CA asked in Estate Planning for Kansas

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.

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1 Lawyer Answer
Doug Coe
Doug Coe
  • Estate Planning Lawyer
  • Wichita, KS
  • Licensed in Kansas

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.

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