Get free answers to your Estate Planning legal questions from lawyers in your area.
Are there fees to do this? I've been living and paying bills here since February of this year.
answered on Sep 19, 2020
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... View More 
answered on Sep 18, 2020
There are several issues that could arise if your dad were to transfer his home to you. You would want to ensure that the transfer was completed correctly. If your dad is a recipient or possible future recipient of Medicaid assistance, the transfer could cause him to be ineligible for Medicaid... View More
My parents divorced and they still were in contact. My stepdad told my mother he was still keeping the trust for my son for after he passed away to make sure my son was supported. It's been about two weeks since he past. Am I suppose to call lawyer to find out. He lived in greece and passed in... View More
answered on Aug 24, 2020
Reaching out to the lawyer would be a great starting point. I'd encourage you to do that!
My parents are both deceased. The trustee has done nothing for six months and now refuses to handle the trust. What are my options? My brother lives out of state and thinks that now he can just start sending off to access money from the IRA, investment account, and life insurance that are... View More
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answered on Jul 8, 2020
The starting point is to read the trust document to see how one goes about removing and replacing a non-performing trustee. I recommend that you hire an trust administration attorney or trust litigation attorney to help you with this.
answered on Jun 5, 2020
In Kansas, an estate may be opened by any person having an interest in the estate as an heir at law, a legatee or devisee under a will, an executor named in the will, or creditor who is owed money. If no estate is opened within six months of the date of death, creditors' claims would lapse.... View More
She left no living will, she had no bank account, she left me as the beneficiary of her insurance. She did not get to finish the rest of preparing.
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answered on May 19, 2020
You file the probate in the state in which the decedent was domiciled, which sounds like Kansas in your mother's case. that is a fair question because it is not uncommon for a person to die "out of town" (such as in a hospital in a neighboring state). Just because they happen to be... View More
She wants to will the land to my brother and i. He was never left any of this but does he have to sign the deed? He being her husband.
answered on Apr 6, 2020
In Kansas, you always want -- and any many cases need -- the signature of both houses anytime you transfer land. However, if she were to transfer the land by way of her estate plan, and if her husband was living at the time of her death, you'd want his signature waiving his rights to the land... View More
There are four beneficiaries to mother's will (she passed approximately 3 months ago). The executor has not contacted/responded to any of the beneficiaries. The financial advisor for deceased parent refuses to give a copy to any beneficiaries, stating that we should get it from executor. How... View More
answered on Mar 19, 2020
In Kansas, whoever is in possession of the Will must record it in Court and send copies to the named beneficiaries and certain family members within six months from the date of death. The controlling statues is pasted below. If he or she fails to file the Will within six months, there can be... View More
He had no will. 2 surviving adult daughters, sister and brother. He left 2 houses, cars, trucks, and bank account. His daughters are about to open probate and the siblings said they will contest it. What can his daughters do? Before getting passed, he gave his daughter a house. After he passed the... View More
answered on Mar 17, 2020
In the absence of a will, a person passes away "intestate", meaning "without a will". Intestate estates pass to the spouse and children; if there is no spouse, then to the children, in equal shares. The first step for children of the deceased is to open an estate. The person... View More
My father died 3 years ago and we just recently found out that only his name was on the deed to my parents house (he inherited it back in the early 80s) My mother had early dementia and I guess there were some things she didnt take care of after his death. The only "estate" he left was... View More
answered on Feb 28, 2020
From what you've said, you will have to do at least some amount of work with the probate court. However, there is a simplified proceeding called a Determination of Descent. It is much easier than the traditional probate preceding, and it is commonly used in situations like this. I would... View More
What are my legal requirements?
answered on Feb 4, 2020
In Kansas, assuming you didn't co-sign on any of his debts, and assuming you weren't a fiduciary for him, you won't be liable for his debts. Without knowing more, it's tough to say if there are any legal requirements to be aware of. Generally speaking, simply being a... View More
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answered on Jan 29, 2020
No, it is not required for the will to be valid. If the testator wants to make sure that the beneficiaries can be properly identified and located, then it helps to identify them by their full legal names and also their nicknames and current addresses and relationships (e.g. my son, my daughter, my... View More
answered on Jan 23, 2020
Technically, if there is no probate, there is no executor -- which means no fees at all. To the extent someone has to actually do work on behalf of the estate, it's usually done on an hourly basis and the hourly rate is based on complexity of work and skill sets required. The size of the... View More
Will wasn't followed. Me and my brother contacted her and asked what was going on and She said with what. What dad left each of us. She said there was nothing. I read the will when it was drawn up. And my father never changed it that I know and am sure of. What do I do.
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answered on Dec 26, 2019
Hire a probate attorney to help you probate his estate. The court can order all property returned to be properly distributed.
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answered on Dec 22, 2019
More likely than not it is still valid, but the only way to know for certain is to have it reviewed by an attorney near you. Estate plans should be reviewed every few years anyway, so this would be a good opportunity
Us several years ago. She has now changed to mortgage to an irrevocable trust with the beneficiary being my husband exwife and kids. The deed is still in our names. What happens when she dies?
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answered on Sep 10, 2019
If the house truly is in your name along with your husband, your mother-in-law's death will be of no consequence. The house will remain in your names when she passes. The unfortunate problem with that technique (lifetime gifting), however, is loss of the step up in basis at your... View More
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answered on Sep 9, 2019
Unless the will has been filed with the court, your only options are good old fashioned detective work. Try calling estate planning attorneys in the area to see if any of them have it. Look through the decedent's files if you have access. Or, if you know who has it, then ask for a copy... View More
The child was 14. Trust grantor was great grandfather of minor. Child had no will. Irrevocable trust consisted of cash and stock portfolio, over $80,000.
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answered on Aug 5, 2019
The answer very much depends on the wording of the trust. Take it to an estate planning attorney for review.
Person A purchased a tract of land in 1970. In 1979 Person A formed a Revocable Living Trust and transferred the land to the Trust. Person A was the Trustee and Beneficiary of the Trust during his lifetime. The Trust named A's three children as Successor Beneficiaries. Person A died in... View More
answered on Jul 2, 2019
There are several very important IRS tax questions presented here; and the several (alternative) legal answers would require the professional services of an experienced CPA and an experienced tax lawyer--working together--to spend at least 15 to 20 hours meeting with all three clients and then... View More
What is our next step? We have tried phone, email & every social media option to find the attorney.
answered on Jun 4, 2019
You should work with an attorney where your mother was living at the time the will was prepared. An attorney might have better luck knowing which attorneys to contact and have a chance to visit with those attorneys. There is a duty to make reasonable inquiry to locate the will, and your attorney... View More
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