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Kansas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Kansas on
Q: Why would a sibling file a determination of descent petition as a plaintiff in a family farm vs. her brothers?

I want to find out if she is sealing her inheritance or questioning the sale of the farm.

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2017

A determination of descent is a proceeding in probate court to determine the heirs of law of a person who has passed away and to enter an order transferring the assets of the estate to those heirs at law in accordance with the laws of intestacy. If there had been a will, it should have been filed... View More

1 Answer | Asked in Estate Planning and Elder Law for Kansas on
Q: Can my mother's grandson be her attorney on her will?

He set up his mother, my sister, as the power of attorney and I'm not sure what it covers other than her medical, yet she manages her finances, as well. There may be future issues regarding the will so I'm concerned that this representation will be biased.

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 1, 2017

It is not an 'inherent' conflict of interest for a lawyer to represent a blood relative. But what you ask depends on facts you don't provide -- what will the will say?

For example, I drafted my parents will which provided that as a secondary beneficiary (after them) I...
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1 Answer | Asked in Estate Planning for Kansas on
Q: Is there a limit on the number of alternate executors you can name in your will in Kansas?
Kenneth V Zichi
Kenneth V Zichi
answered on Jun 29, 2017

Legally no. Practically, yes. Do you REALLY want to make such a complicated will? PLEASE seek the advice of a qualified local estate planning attorney.

Wills -- and especially naming a fiduciary -- are complicated! Don't fall into a trap of trying to save a few pennies with a DIY will...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Kansas on
Q: What is the procedure of filing a petition to change the deed of a house in the state of Kansas? No longer probate

There are three siblings listed on the will. There is no contesting between siblings. How can we expedite the process due to an immediate need to transfer the utilities from our deceased father to my own? Utility Co. will not act without a court order.

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 22, 2017

There will be a need for some type of probate procedure to transfer the ownership of the real property. The type of procedure that would be appropriate would depend upon several factors, including when your father passed, the urgency, and whether there is a need for an executor to be appointed. You... View More

1 Answer | Asked in Divorce and Estate Planning for Kansas on
Q: Would divorcing wife now, but continuing to live with her, still allow for Medicaid long term care 6 years from now?

I have stage 2 Parkinson's and will require long term care in the future. I have a pension, social security income that totals 50,000 dollars, which will go towards partial long term care when needed. I will likely need another 50,000 dollars for long term care. The question I need answered... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 2, 2017

This sounds familiar -- have you asked this question before perhaps on a different legal advice website? The answer is the same. Your situation is FAR too complicated and fact specific to expect a good answer in this sort of forum. You need to consult with a local elder law / estate planning... View More

1 Answer | Asked in Divorce, Estate Planning and Health Care Law for Kansas on
Q: Can I divorce my wife, but then live with her for more than 5 years in order to protect assets from Medicaid look back?

I have stage 2 Parkinson's. My wife and I have discussed divorce as a means to protect our limited assets from being absorbed by my future long term care needs. Our thinking is divorce now and then hope I don't need any long term care for more than 5 years from now, at which point apply... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 27, 2017

There are ways to separate your assets without divorce, and protections for a 'community spouse' that will not force her into penury because of your illness.

You need to speak to a qualified local elder planning attorney to determine what you should do. Divorce is usually NOT a...
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1 Answer | Asked in Estate Planning for Kansas on
Q: Iam filing a transfer on death deed today August 14, 2015. But if I die the next day Will it be Effective?
Jules Mark Doty
Jules Mark Doty
answered on Nov 30, 2015

Yes, as long as it is filed before the death of the person making the deed it will be effective. See K.S.A. 59-3502

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