Wichita, KS asked in Estate Planning and Probate for Kansas

Q: My father has been deceased since dec,19. Do I need a lawyer to put his home in my name? What do I need to Do?

Are there fees to do this? I've been living and paying bills here since February of this year.

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Estate Planning Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: Unless a will is located, the laws of intestacy would control who inherits from a deceased parent. A court proceeding would be required to complete a transfer of ownership of the real estate. If there is a spouse, the spouse receives a share of the estate (based upon the number of years married and certain spousal rights (allowance, homestead, etc.)), with the balance to the children.

If the decedent was single, the heirs at law would be the decedent's children (and, if any child has predeceased, his or her issue would be entitled to such predeceasing child's share). There are two principal proceedings that could be used to complete the transfer of the estate. A determination of descent proceeding requires a petition by an heir, publication in the newspaper for three consecutive weeks, and the court will issue an order determining who owns the property as of the date of death. A petition for administration of the estate may be filed if there is a need to appoint an administrator (perhaps to sell the property and distribute the net proceeds of the estate to the heirs.)

You should consult with an attorney to determine the best course of action and for assistance.

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