Wichita, KS asked in Probate for Kansas

Q: My father suddenly passed away. My sister is sole beneficiary but there was no will. Am I entitled to half?

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

A: 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, assuming your father did not have a spouse, and assuming there were just two children, those probate assets would be split equally after all legitimate debts and expenses were paid and the statutory waiting periods passed. Definitely worth talking to a lawyer about this! Good luck.

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