proper care as she has her own medical problems. My father and step mother live in there home, but my father is unable to get around and fears of falling when trying to get around, my step mother has back problems and multiple other medical issues where she is unable to assist my father in proper... View More
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
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
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...View More
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
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.
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
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?
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:...View More
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
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
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
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
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
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
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
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
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…
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
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
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
"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...View More
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... View More
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...View More
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?
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,...View More
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