Wichita, KS asked in Estate Planning, Probate and Real Estate Law for Kansas

Q: So my mom passed December 9th 2019 I'm a only child 49 and son. My.cousin is on the deed . How do I get on it ?

Shes trying to sell it. The will was not filed prior to death at the register of deeds and I didnt know about the 6months affidavit. She never showed me the willl so the trying to control the outcome and the bank is owed 16,000 $

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

A: Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence.

A will controls the distribution of those assets within the estate of the decedent. If the real property that is the subject of the deed was transferred to someone before death or by a transfer on death deed, the property would not be subject to the probate proceedings. However, if some interest in the real estate still remains in your mother's estate, that interest could be subject to the probate proceeding.

You should consult with an attorney at the earliest possible time.

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