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 
I gave the house to my brother who passed away afterwards and he had gotten married. Then after he died his wife got married right after to someone else I am living here now. And his name is spelled wrong on the deed
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answered on Mar 13, 2023
Hire a KS attorney to search the title and determine heirship. You might be an heir, thus tenant in common. If so stay there forever or sue for Partition. On the Deed, apparently it was your mistake and you cannot complain about it.
answered on Aug 11, 2022
Yes. K.S.A. 59-1706 permits an out-of-state fiduciary to be appointed. The fiduciary must appoint a resident agent who resides in the county where the case is located.
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answered on Feb 23, 2022
I am so sorry for your loss. That is absolutely tragic.
I hate to be the bearer of more bad news, but it is not possible to answer your question without seeing the will. Every state has requirements for the proper execution of wills, typically requiring two witnesses. However, usually... View More
answered on Feb 21, 2022
There are several different procedures for distribution of assets using probate procedure. Assets that have a payable on death (POD) designation are typically distributed based upon the POD. Transfer on death (TOD) deeds for real estate, filed before death, typically control how real estate is... 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
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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... 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…
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
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?
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... View More
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:... View More
Lived together for 10 years, only one taking care of him through Cancer
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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,... View More
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?
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... View More
My father and his brother are in agreement with her wishes.
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... View More
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... View More
And dad changed it my brother got everything I didn't even get a will copy is this legal
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... View More
lawyers trying to settle and sibling declare descendants wasn't in a will and trying to force sheriff sale
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:... View More
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... View More
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... View More
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,... View More
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... View More
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?
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... View More
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??
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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... View More
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 $
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... View More
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