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Kansas Estate Planning Questions & Answers
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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1 Answer | Asked in Estate Planning for Kansas on
Q: I have a notarized trust document, in my name, but never filed. A legal description of my house is part of the doc.

I want to file the trust. What do I need to do to get it done.

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

If you are referring to a revocable living trust, the trust document itself is not typically filed with the Register of Deeds. The trust also does is not normally filed with the court as well.

If your house is to be transferred to you as a trustee of the trust, such a transfer would be...
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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 Estate Planning for Kansas on
Q: Do I contact his lawyer or wait as I just recently was m

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... Read more »

Doug Coe
Doug Coe answered on Aug 24, 2020

Reaching out to the lawyer would be a great starting point. I'd encourage you to do that!

1 Answer | Asked in Estate Planning for Kansas on
Q: Can I sell a car titled in the name of the a trust if my brother and I (only beneficiaries) are both in agreement to sel

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning for Kansas on
Q: My brother died in February & left behind no estate and no will; can I ignore any collection agency letters?
Scott C. Stockwell
Scott C. Stockwell 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.... Read more »

2 Answers | Asked in Estate Planning for Kansas on
Q: My Mother was a resident of Wichita, Kansas but passed away in Oklahoma. Would I need to create the estate in KS or OK

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.

Nina Whitehurst
Nina Whitehurst 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... Read more »

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1 Answer | Asked in Estate Planning for Kansas on
Q: My mom and dad divorced. My dads father still left my mother land. She was remarried when this occured.

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.

Doug Coe
Doug Coe 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can beneficiaries get copies of the will before it's filed in probate? Executor does not communicate with others.

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... Read more »

Doug Coe
Doug Coe 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... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.

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... Read more »

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

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2 Answers | Asked in Estate Planning for Kansas on
Q: Is there any way to tranfer a deed after death without probate?

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... Read more »

Doug Coe
Doug Coe 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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Beneficiary of a POD account of brother. No assets and no will. Am I liable for any debts he has.

What are my legal requirements?

Doug Coe
Doug Coe 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... Read more »

2 Answers | Asked in Estate Planning for Kansas on
Q: When a person makes a will in Kansas, is is required of her beneficiaries to give her their social security numbers?
Nina Whitehurst
Nina Whitehurst 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... Read more »

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1 Answer | Asked in Estate Planning for Kansas on
Q: What is a fair executor fee on a $120,000 estate in Kansas with no probate?
Doug Coe
Doug Coe 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... Read more »

2 Answers | Asked in Probate and Estate Planning for Kansas on
Q: my sister power of attorney. Dad's will He told everyone there part separately. I read the will. After he passed the

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.

Nina Whitehurst
Nina Whitehurst 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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2 Answers | Asked in Estate Planning for Kansas on
Q: My husband and I moved to Missouri from Texas. Are our Texas wills valid in Missouri?
Nina Whitehurst
Nina Whitehurst 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

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1 Answer | Asked in Estate Planning and Real Estate Law for Kansas on
Q: Our house loan is in my mother in laws name. But the deed on the house is in my husband and I's names. She quit claim to

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?

Nina Whitehurst
Nina Whitehurst 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... Read more »

2 Answers | Asked in Estate Planning for Kansas on
Q: How do I obtain a copy of someones will? I have been to the courthouse and they say they do not have one on file.
Nina Whitehurst
Nina Whitehurst 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... Read more »

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