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Kansas Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Kansas on
Q: My deceased mother put her ira in my name. My stepdad is refusing to let me see her will or giving me any information.

He is refusing to give me the will or information.

Anthony M. Avery
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answered on May 10, 2024

Usually an IRA has a designation of beneficiary. Rarely does it go through an Estate. If you know that the IRA is yours, hopefully with the designation clause, then contact the IRA Administrator and make a claim. Otherwise you must sue the Administrator for breach of contract, conversion, etc.

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: “ I——- do solemnly swear that I will faithfully, impartially and to the best of my ability discharge all duties of my

Trust according to law as executor Of the last will and testament of—— deceased and I am acting on my own behalf and not on behalf of any bank or corporation which is not authorized to act as fiduciary in the

state. Does this mean I give up my right as executioner of the estate?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 19, 2024

The language you included in your question is standard language for the oath of an executor that has to be filed with the court before the named executor is issued letters testamentary that give the executor the power to act.

The language does not give up a named executor’s right to...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: Father passed but my name and siblings name on deed. Can we quitclaim our portion to our cousin who lives in the home?

My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More

Anthony M. Avery
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answered on Mar 4, 2024

Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can a conservator change the beneficiaries of a conservatee's life insurance policy in KS?

My father's conservator--his mother--was named the sole beneficiary of his million dollar life insurance policy rather that his six children. He was the one who created that life insurance policy back when he was well. This isn't a policy that the conservator made after she took over his... View More

Anthony M. Avery
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answered on Feb 7, 2024

You will need a KS attorney to represent you. But generally any transaction involving the ward's property going to the fiduciary is presumptively fraudulent. That is the conservator will have the burden of proving his taking the property was for the benefit of the ward. But someone with... View More

1 Answer | Asked in Estate Planning for Kansas on
Q: I have a large collection of audiobooks. Is there a way I can leave them to someone after I pass away?
James L. Arrasmith
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answered on Jan 22, 2024

Leaving a collection of audiobooks to someone after you pass away can be a bit complicated, as it depends on the nature of your ownership of these audiobooks. If you physically own these audiobooks, such as CDs or other tangible media, you can include them in your will like any other physical... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on
Q: I’m the POA & next of kin. Mother passed away, am I responsible for planning the funeral? Family disagreement over it
William K. Hayes
William K. Hayes
answered on Nov 8, 2023

Your power of attorney terminated upon the death of your mother. Assuming that your mother had no other estate planning documents, until someone is legally appointed to represent your mother's estate, it is best that you make it a group decision regarding the planning of the funeral. If your... View More

1 Answer | Asked in Contracts, Banking, Estate Planning and Family Law for Kansas on
Q: I think I need to Sue my mother for Breach of Trust, for mishandling my Irrevocable Trust.

She either dissolved my trust fund, or removed me as beneficiary? She provided me with no paperwork, at the time she handed me $7000.00 check, and told me the money was gone. Which I know, IS Not True; my Trust was $250,000.00 and I Definaty did NOT spend all that money!! Also, I noticed in public... View More

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you believe that your mother has mishandled your Irrevocable Trust, you may want to consider speaking with an attorney who specializes in trust and estate law to explore your legal options.

To prove a breach of trust, you will need to...
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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... View 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
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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... View 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
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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...
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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
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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:...
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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... View 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... View 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... View 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... View 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... View 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... View More

Nina Whitehurst
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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...
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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... View 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... View 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... View 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... View 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... View More

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