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Kansas Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning, Insurance Bad Faith, Insurance Defense and Land Use & Zoning for Kansas on
Q: I’m beneficiary of life insurance but grandma didn’t have a will who would get her estate.

Grandma isn’t biological but she raised me

And had custody of me but never adopted.

0 Answers | Asked in Estate Planning and Probate for Kansas on
Q: My Granny passed away over 25 years ago. How do I get the filed copy of her will just for my personal records?

She lived in Wichita Kansas at the time of her death.

Her estate was large. How do I get a copy from the courthouse?

1 Answer | Asked in Estate Planning for Kansas on
Q: I’m in Kansas and am the beneficiary of my deceased parents ( now irrevocable) trust. My mom had a credit card.

Do I legally have to pay it when I did not creat the debt

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 20, 2022

In Kansas, creditors have six months from the date of death, or, if an estate is opened within six months of the date of death, four months from the date of first publication, to file a claim in the probate estate. If an interested party has not petitioned to open the estate, the creditor has... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I have taken care of this man for 3 years & I rent one of his houses. He went & signed a notorized affadavit stating I

Was to get the house I was already renting. He didn't add anything to his trust & there was no will. Now his daughters are saying the affadavit is null & void & she's kicking myself & minor daughter out. What can I do. He wanted me to.have this house.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 29, 2022

I am sorry to have to tell you that the daughters are probably right. A will in Kansas (as in most other states) requires two witnesses to valid, and it sounds like this will had no witnesses or at most maybe one, and even that is a stretch. This is a perfect illustration for why one should... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: How do I get conservatorship of my adult daughter to fix black mold issue in her house

Black mold is under the shower base and she can not go downstairs in her own house because it is hazardous. Conservatorship refuses to clean up the mold issue and leak.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 6, 2022

Call the health department and report the situation. They might have the clout to force a clean up.

Be careful what you ask for, though. Can your daughter afford the cost of clean up? Maybe she would be better off selling to someone who can afford clean up and move to a better...
Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My mom has a trust, if she ends up having a stroke and has to go to long term care, she is telling me they

My Mom has a trust, if she ends up having a stroke and has to go to long term care, she is telling me that the facility can get the funds from the trust, if I'm understanding her correctly. Is this true?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 29, 2022

It is not possible for any attorney in this forum to answer your question without reviewing the trust and how your mother's assets are titled.

1 Answer | Asked in Estate Planning for Kansas on
Q: How should we title our cars with husband's & wife's name: with OR or AND?

Our licenses are currently listed as AND but a lawyer suggested we might consider OR so that one of us could sell them if the other were incapacitated or deceased. Should we change our titles to OR?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 21, 2022

From the Kansas Department of Revenue Motor Vehicles Department website:

In Kansas, if there is more than one owner showing on the face of the title or as buyers on an assignment, the following number of signatures will be required when there is the connection between the names shown below:...
Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My wife is the Trustee of her mother's irrevocable family trust. How does she get a letter of testamentary?

Who does she present it to, and how does she present it? Her mother passed away 15 December 2021, and she is trying to figure this all out. She has a check from her mom's original checking account, made out to her mom's Irrevocable Family Trust, and she needs to open an account under... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 21, 2022

A trust is managed by a trustee. A probate estate is managed by an executor (if there is a will) or administrator (if there is no will). If there is a will, it must be filed with the court within six months of the date of death; if there is no need to probate the will, the will may be filed with... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: If a person passes before they receive their share of an inheritance, where does the money go.

My mom was executor of her aunts estate. She passed in 2000 and left $30,000 to be divided 3 ways. It took a long time for everything to be settled. In the meantime my mom put the money in cd's. My mom is 86 now and just remembered the money was still there. In the meantime, one of the ladies... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

If a person is appointed as executor of an estate, that person is answerable to the judge or court who appointed her or him. If a beneficiary of a probate estate predeceases the distribution, the court would most likely refer to the provisions of the will. If the will did not provide some... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Kansas on
Q: If a home in Kansas has a TOD deed, how long will the beneficiary need to wait to sell the home?
Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

If a transfer on death deed was filed before the person passed away and was properly drafted, the deed places the property outside of possible claims except for Medicaid. If the person who passed away or her or his spouse received Medicaid benefits during their lifetimes, the Medicaid claims may... Read more »

1 Answer | Asked in Contracts, Estate Planning, Probate and Real Estate Law for Kansas on
Q: I signed a contract to sell inherited land once probate was done and land put in my name, would it go to an estate acct?

My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 26, 2022

Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.

Or, the property can be sold by the estate while still in the estate, in which case the sale...
Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: My sister passed away a few months ago and we are needing to set up a estate. I found a form online but need help.

Hello, thank you for taking the time to hopefully answer my questions. My sister passed away a few months ago and we are working to wrap up a few things. She has some benefits, paychecks, 401k etc. from her job and they are saying that we need to set up a small estate. She lived and passed in... Read more »

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

There are several options for small estates, depending upon the size of the estate and the type of assets involved. You should be able to find legal counsel who will provide a free consultation to determine your options and identify the cost. If there are sufficient assets in the estate, you... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: If a DD was done but was not done for a case not yet heard in probate does that mean that the case will be dismissed

My brother passed they did a DD in his probate I filed a petition for probate for our mothers property which now they say will be dismissed because of the DD on my brothers estate… he was not a owner of her property she was the sole owner…

Scott C. Stockwell
Scott C. Stockwell
answered on Dec 6, 2021

It is not unusual that the estates of multiple people relate to one another. There is not enough information in your inquiry to explain why the determination of descent for your brother's estate would eliminate the need for probate of your mother's estate. If you are trying to handle your... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: In the state of Kansas, is it legal for me to hand write my own will with two witnesses to my signature?
Doug Coe
Doug Coe
answered on Sep 14, 2021

As a general matter, it is not a requirement to have a will typed, and there is no requirement that the will be typed by someone other than yourself. However, there are a LOT of other variables to consider. As a probate and estate planning attorney, I've seen countless messes that not only... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: What if my sibling left a Will and died will my assets follow the will or go to her daughter who my sibling left nothing
Doug Coe
Doug Coe
answered on Sep 3, 2021

In Kansas, a Will, by itself, won't transfer any assets until it has been probated. This is a court process usually supervised by a Judge. I would highly recommend speaking with a lawyer about this situation. Your lawyer can help review the Will and present it to the probate court. There... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I am 73 y/o, divorced for 27 years, grown son and daughter. I do not own the house I live in, have no stocks or bonds,

No savings or retirement. Are there advantages to my having a living Will? (Also, no life insurance)

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 1, 2021

"Living will" is another name for Advance Directive for Health Care, which is a document that sets forth your values with respect to end of life care. There is definitely value in having one regardless of your age or net worth.

You might have meant to refer to a Will aka Last...
Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Kansas on
Q: What is a grantor? Are they financially responsible for the borrower's debt? Will it void a previous will?

My husband is refinancing his mortgage. We are now married so the bank said I have to be a grantor. It looks like the grantors (both my husband and I) are required to pay the taxes. Is this legal? Should it not say the borrower is responsible for the taxes instead of the grantors? (It specifically... Read more »

Doug Coe
Doug Coe
answered on Aug 13, 2021

It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: I hired a lawyer in KS for probate of property in KS. I'm in the middle of the case, can fire my lawyer

I live out of state. I'm in the middle of probate in KS, and I want to change my lawyer and complete the process myself, is this possible? If so, what are the steps and would I need to appear in KS at some point?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 16, 2021

Generally, yes you can do this. You would have to inform the attorney and he would "unenroll" from the case.

However, if you have any outstanding obligations to the attorney, under the laws of most states, the attorney would have the option of filing a "claim" as a...
Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: What happens to a long term significant other when the owner of a house dies without a will in Kansas?

Lived together for 10 years, only one taking care of him through Cancer

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 21, 2021

When a person dies without a will, he is said to have died “intestate”, and the persons who inherit from him are determined by that state’s laws of “intestate succession”. The laws of intestate succession direct a hierarchy of kinship that generally favor the spouse and children first,... Read more »

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1 Answer | Asked in Estate Planning for Kansas on
Q: My wife and I made out a will with a lawyer 35 years ago in Iowa. We now live in Kansas. Is it binding in Kansas?

The lawyers office has signed & notarized originals, and we still have our copies.

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 9, 2021

Kansas allows for the probate of wills executed outside the state. K.S.A 59-609 provides that a will executed outside the state in the manner prescribed for Kansas wills, or by the law of the place of it was signed, or by the law of the place testator's residence either at the time of its... Read more »

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