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Kansas Probate Questions & Answers
0 Answers | Asked in Probate for Kansas on
Q: My dad passed away and my stepmom passed away this passed July. He retired fom Santa fe. He lived in Donnellson, Iowa

He owned his home there. I dont know if he had a will. Am i entitled to some of his assets

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...
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1 Answer | Asked in Probate for Kansas on
Q: can a person with no legal standing contact and hire the probate lawyer?
Scott C. Stockwell
Scott C. Stockwell answered on Jul 7, 2021

Probate matters can include guardianships, conservatorships, adoptions, and involuntary commitments, so the answer to who might be eligible to initiate or involved in a probate proceeding could have lots of different answers. Limiting the answer to probate matters involving decedent's estates:... 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
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 Probate for Kansas on
Q: Is there a probate period following death imvolving real property in kansas? And what is it?

Unsure if there was a will but the decedent was only a week buried is it even the heirs legal right to sell a house?

Scott C. Stockwell
Scott C. Stockwell answered on Apr 21, 2021

After a person passes away, an probate estate may be opened. If there is a will, it must be filed with the court within six months of the date of death and an executor will be appointed. If there is no will, an heir at law or creditor may file a petition to probate the estate for the benefit of... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My father is executor of my grandmothers estate she verbally left the house to me. What is the next step? In Kansas

My father and his brother are in agreement with her wishes.

Scott C. Stockwell
Scott C. Stockwell answered on Apr 21, 2021

If you, your father, and brother represent all of the persons with a possible interest in your grandmother's estate, the three of you may enter into a valid settlement agreement that controls the ownership of property in the estate. There are several steps that you would have to follow to... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My mother died and left no will. Can I legally sell her belongings to pay expenses and how do I sell her car?
Scott C. Stockwell
Scott C. Stockwell answered on Apr 21, 2021

The options available to you depend upon the nature and amount of assets in the estate, whether a will exists, and the cooperation of all of the persons who are heirs at law or named in the will, if any. For small estates not involving real estate or intangible assets such as stocks, there is a... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My mother father had a will forme and my brother to split everything 50 /50 the willwas that way 54 years mom died

And dad changed it my brother got everything I didn't even get a will copy is this legal

Scott C. Stockwell
Scott C. Stockwell answered on Apr 5, 2021

It is unclear whether your question pertains to your mother's or father's estate. Because of that ambiguity, I would encourage you to visit with an attorney.

Your mother and father may have had a joint will. Attorneys generally discourage clients from writing joint wills because...
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1 Answer | Asked in Probate for Kansas on
Q: My mother died I paid all debts and will wasn't probate. No in probate but attorney trying to get settled without judge

lawyers trying to settle and sibling declare descendants wasn't in a will and trying to force sheriff sale

Doug Coe
Doug Coe answered on Mar 5, 2021

In Kansas, there are ways in which real estate can transfer outside of probate and without respect to what a Will says. Seems like there are a number of issues here. I would recommend hiring an attorney -- even if just for an hour or so -- to help figure out what exactly is going on. Disclaimer:... Read more »

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Kansas on
Q: Who has the legal rights to own the possessions of a deceased roommate if said roommate has no family?

My friends housemate passed away recently. They lived together for about 10 years in one house (owned by the living housemate) in Missouri. The deceased had no family at all that were living, except for one estranged brother who may be in prison, whereabouts unknown and no will made out. The... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

A Kansas attorney could advise best here, but your post remains open for four weeks. At this point, you might not want to lose more time waiting for a response in a different legal category, but this is something that attorneys in the Probate and Estate Planning categories would have the most... Read more »

1 Answer | Asked in Probate for Kansas on
Q: if a person passes away with a car as their only asset, but has credit card debt, will this go to probate?

A family member passed away unexpectedly without a will. Their only asset was a car, they rented their home & did not own any property. it is believed they had some debt, primarily credit cards. Not sure if the vehicled has a TOD on the title. Would the sale of any household appliances,... Read more »

Doug Coe
Doug Coe answered on Nov 23, 2020

In Kansas, there would be number of variables to consider. That said, generally, all of a person's property that does not have a beneficiary designation on it (or co-owner w/ survivorship rights) is part of the estate and can be used to satisfy enforceable debts. There may be some... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: The administrator for my deceased husband hasn't talked for more than half year. What can I do from here in Kansas?

My husband passed away 3 years ago in Kansas. He had properties in Kansas and Arkansas. The executor for his case requested documents in this past February. I haven't hard anything about this since then. What can I do to get updates for this case and move on?

Doug Coe
Doug Coe answered on Nov 5, 2020

Surviving spouses certainly have rights in Kansas. If there is reason to think the administrator/executor isn't doing what they need to be doing, I would strongly encourage you to talk to an attorney. They may be able to file certain motions with the Court to get things going, or there may... Read more »

2 Answers | Asked in Probate for Kansas on
Q: My father passed two years ago. My sisters have not sold his house and I am entitled to 1/3. 1 sister lives in it.

The trustee (other sister) expects me to pay 1/3 of taxes, insurance and repairs out of my share. How do I get the house sold and make sure I don’t pay for the sister to live rent free at my expense??

Nina Whitehurst
Nina Whitehurst answered on Oct 23, 2020

The best solution in these situations is for the sister in possession to buy out the shares of the other two co-owners. If she refuses, or if you simply can't reach agreement on a price, then you can hire an attorney to file a lawsuit to force the sale of the house and the three of you will... Read more »

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Kansas on
Q: So my mom passed December 9th 2019 I'm a only child 49 and son. My.cousin is on the deed . How do I get on it ?

Shes trying to sell it. The will was not filed prior to death at the register of deeds and I didnt know about the 6months affidavit. She never showed me the willl so the trying to control the outcome and the bank is owed 16,000 $

Scott C. Stockwell
Scott C. Stockwell answered on Oct 14, 2020

Kansas law requires that a will be filed with the court within six months of the date of death. However, if you are a person who might benefit from the will and were not informed of its existence, you may file the will with the court upon learning of its existence.

A will controls the...
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2 Answers | Asked in Probate for Kansas on
Q: How do I obtain an affidavit of one and the same for a deceased person?

My mother recently passed away and signed a transfer on death certificate for her home to me. Upon sending it to the register of deeds they returned it and said that it was missing the middle name initial and they would not release the property to me. They explained that they need an affidavit of... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Oct 8, 2020

Kansas last provides: “59-3502. Same; filing of form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of the... Read more »

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1 Answer | Asked in Probate for Kansas on
Q: Husband passed. I'm his wife and executioner of will. Sister put property that us co-owned by both in probate.

I married my husband on the 17th and he passed on the 19th. He had a will and left everything to me. Him and his sister were co-owners of property. She has put it all in probate. What can I do about this?

Doug Coe
Doug Coe answered on Oct 5, 2020

I would highly recommend you talk to a lawyer about this. There are a number of additional details that will effect the outcome. However, if he and his sister jointly owned the property where she had the rights of survivorship, those assets are likely going to be hers. She would not need to go... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Who gets deceased grandparents assets after their child dies?

My grandparents passed away a couple years ago. They had 11 children. All said and done, they all split everything 11 ways and walked away with around $100k each. My mother recently passed unexpectedly. She did not spend any of the money from my grandparents. Is that money now her spouses (my... Read more »

Doug Coe
Doug Coe answered on Oct 5, 2020

I would strongly recommend you talk to you in attorney about this. There are a number of variables that will affect the outcome. If she passed away without a Will and as a resident of Kansas, and if the assets did not have beneficiary designations on them at the time of her passing, they will pass... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My father has been deceased since dec,19. Do I need a lawyer to put his home in my name? What do I need to Do?

Are there fees to do this? I've been living and paying bills here since February of this year.

Scott C. Stockwell
Scott C. Stockwell 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Do i need a lawyer to transfer my dad's name to my name? He has a home in his name. I've never owned a home before.
Scott C. Stockwell
Scott C. Stockwell 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... Read more »

1 Answer | Asked in Probate for Kansas on
Q: I gave a lawyer $1500 to probate my mothers estate. It’s been 2 mo and he has not filed any paperwork. Is this normal?

He refused to return my emails or phone calls. He finally called after a nasty email I sent. I want to fire him but I will probably lose $500 and two months.

Doug Coe
Doug Coe answered on Sep 2, 2020

In Kansas, the process can take some time. That said, if two months have passed since he was supposed to file documents, and if he still hasn't after your recent phone call, you might be wise to at least touch base with another attorney. If the first one didn't do any work, you... Read more »

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