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Kansas Estate Planning Questions & Answers
Q: How can I transfer my grandparents' house deed to me without a TODD in Kansas?
I'm the granddaughter of my grandparents who passed away without putting a Transfer on Death Deed (TODD) in place to transfer their house to my aunt, who was their power of attorney. I currently live in the house and paid $2,500 to have a Medicaid lien removed. With no TODD on file, my aunt... View More 
Scott C. Stockwell
answered on Oct 1, 2025
answered on Oct 1, 2025
Real estate owned by a decedent that was not transferred to a trust or by a transfer on death deed remains in the decedent's estate; a probate proceeding is required in such a circumstance. There are several options for the type of probate case to file. General rules that are important to know... View More
Q: My wife passed away. Before passing, other parties signed documents acting as MPOA and they made end of life decisions
The fraudulent parties made health care decisions against my wife's wishes, they made after death decisions against my wife's wishes. I legally held her MPOA and DPOA. I know these other people committed a crime acting as next of kin when they were not. I filed and served collection of... View More
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James L. Arrasmith
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answered on May 29, 2024
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answered on May 29, 2024
I'm deeply sorry for your loss and the distressing situation you're facing. To address the fraudulent actions taken by those who wrongfully acted on your wife's behalf, you can pursue both criminal and civil actions. Start by filing a police report to initiate an investigation into... View More
Q: My deceased mother put her ira in my name. My stepdad is refusing to let me see her will or giving me any information.
He is refusing to give me the will or information.
Scott C. Stockwell
answered on May 10, 2024
answered on May 10, 2024
If an IRA has a beneficiary designation or a payable on death (POD) provision, the transfer of that asset is a non-probate transfer. Typically, a IRA custodian will convey to the beneficiary's benefit an IRA account upon presentation of a death certificate and, proof of identity.
As... View More
Q: My deceased mother put her ira in my name. My stepdad is refusing to let me see her will or giving me any information.
He is refusing to give me the will or information.
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Anthony M. Avery
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answered on May 10, 2024
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answered on May 10, 2024
Usually an IRA has a designation of beneficiary. Rarely does it go through an Estate. If you know that the IRA is yours, hopefully with the designation clause, then contact the IRA Administrator and make a claim. Otherwise you must sue the Administrator for breach of contract, conversion, etc.
Q: “ I——- do solemnly swear that I will faithfully, impartially and to the best of my ability discharge all duties of my
Trust according to law as executor Of the last will and testament of—— deceased and I am acting on my own behalf and not on behalf of any bank or corporation which is not authorized to act as fiduciary in the
state. Does this mean I give up my right as executioner of the estate?
Scott C. Stockwell
answered on Mar 19, 2024
answered on Mar 19, 2024
The language you included in your question is standard language for the oath of an executor that has to be filed with the court before the named executor is issued letters testamentary that give the executor the power to act.
The language does not give up a named executor’s right to... View More
Q: Father passed but my name and siblings name on deed. Can we quitclaim our portion to our cousin who lives in the home?
My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More
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Anthony M. Avery
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answered on Mar 4, 2024
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answered on Mar 4, 2024
Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More
Q: Can a conservator change the beneficiaries of a conservatee's life insurance policy in KS?
My father's conservator--his mother--was named the sole beneficiary of his million dollar life insurance policy rather that his six children. He was the one who created that life insurance policy back when he was well. This isn't a policy that the conservator made after she took over his... View More
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Anthony M. Avery
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answered on Feb 7, 2024
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answered on Feb 7, 2024
You will need a KS attorney to represent you. But generally any transaction involving the ward's property going to the fiduciary is presumptively fraudulent. That is the conservator will have the burden of proving his taking the property was for the benefit of the ward. But someone with... View More
Q: I have a large collection of audiobooks. Is there a way I can leave them to someone after I pass away?
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James L. Arrasmith
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answered on Jan 22, 2024
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answered on Jan 22, 2024
Leaving a collection of audiobooks to someone after you pass away can be a bit complicated, as it depends on the nature of your ownership of these audiobooks. If you physically own these audiobooks, such as CDs or other tangible media, you can include them in your will like any other physical... View More
Q: Legal steps for executor to fulfill deceased's burial wishes at veteran's cemetery.
I am the executor of my deceased brother’s estate. His will includes specific instructions for him to be buried at a veteran’s cemetery in Kansas. His wife currently has possession of his ashes in South Carolina, but due to her health, she is unable to fulfill this wish. What legal steps can I... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You’re acting faithfully in carrying out your brother’s final wishes, and the first step is to secure formal proof of your authority. File his will with the probate court in the county where he lived or where his assets are, and ask the court to issue letters testamentary naming you as... View More
Q: Which power of attorney form do I need to manage my son's affairs while he's incarcerated in Dodge City, KS?
I need to obtain a power of attorney for my son, who is currently incarcerated at Ford County Jail in Dodge City, KS, for criminal trespassing. Given that he repeatedly makes poor decisions, which specific power of attorney form do I need to use for managing his affairs while he is in jail?
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
For your situation, you would likely need a **durable general power of attorney**. This form allows you to manage a wide range of your son’s personal, financial, and legal affairs while he is incarcerated. The word “durable” is key because it means the power of attorney remains in effect even... View More
Q: Need trust to adopt friend's children after her passing; fathers absent, future legal steps?
I would like to know if I need to establish a trust in order to adopt my friend's children in the future, should she pass away. She is considering creating legal documents to outline her wishes. The children's fathers are on child support but are not involved in their lives. There are... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You don’t need to set up a trust just to adopt the children—you’ll focus on confirming guardianship and clearing parental rights first.
Ask your friend to execute a will or other estate plan naming you as testamentary guardian, and have her sign a caregiving power of attorney and a... View More
Q: As an F-1 student, I plan to invest in the cryptocurrency market and need clarification regarding this.
Are F-1 students allowed to invest in cryptocurrency? Are there any specific rules I need to follow? Additionally, do I need to report these investments to the IRS for tax purposes?
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James L. Arrasmith
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answered on Jan 23, 2025
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answered on Jan 23, 2025
Yes, as an F-1 student, you are allowed to invest in cryptocurrency. Immigration regulations do not specifically prohibit you from engaging in passive investments like purchasing and holding cryptocurrencies. However, it is crucial to ensure that your involvement remains passive and does not cross... View More
Q: My father in law passed away and his life insurance policy is in my wife's name but she passed away before he did.
Does the policy go to my wife's estate?
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Anthony M. Avery
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answered on Nov 11, 2024
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answered on Nov 11, 2024
You have to read the designation of beneficiaries. If named beneficiaries predeceased the insured, then usually the policy money goes to the insured's estate or his heirs/next of kin.
Q: I’m the POA & next of kin. Mother passed away, am I responsible for planning the funeral? Family disagreement over it
William K. Hayes
answered on Nov 8, 2023
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
Q: I think I need to Sue my mother for Breach of Trust, for mishandling my Irrevocable Trust.
She either dissolved my trust fund, or removed me as beneficiary? She provided me with no paperwork, at the time she handed me $7000.00 check, and told me the money was gone. Which I know, IS Not True; my Trust was $250,000.00 and I Definaty did NOT spend all that money!! Also, I noticed in public... View More
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James L. Arrasmith
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answered on Mar 11, 2023
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answered on Mar 11, 2023
I'm sorry to hear about your situation. If you believe that your mother has mishandled your Irrevocable Trust, you may want to consider speaking with an attorney who specializes in trust and estate law to explore your legal options.
To prove a breach of trust, you will need to... View More
Q: I’m in Kansas and am the beneficiary of my deceased parents ( now irrevocable) trust. My mom had a credit card.
Do I legally have to pay it when I did not creat the debt
Scott C. Stockwell
answered on Aug 20, 2022
answered on Aug 20, 2022
In Kansas, creditors have six months from the date of death, or, if an estate is opened within six months of the date of death, four months from the date of first publication, to file a claim in the probate estate. If an interested party has not petitioned to open the estate, the creditor has... View More
Q: I have taken care of this man for 3 years & I rent one of his houses. He went & signed a notorized affadavit stating I
Was to get the house I was already renting. He didn't add anything to his trust & there was no will. Now his daughters are saying the affadavit is null & void & she's kicking myself & minor daughter out. What can I do. He wanted me to.have this house.
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Nina Whitehurst
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answered on May 29, 2022
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answered on May 29, 2022
I am sorry to have to tell you that the daughters are probably right. A will in Kansas (as in most other states) requires two witnesses to valid, and it sounds like this will had no witnesses or at most maybe one, and even that is a stretch. This is a perfect illustration for why one should... View More
Q: How do I get conservatorship of my adult daughter to fix black mold issue in her house
Black mold is under the shower base and she can not go downstairs in her own house because it is hazardous. Conservatorship refuses to clean up the mold issue and leak.
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Nina Whitehurst
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answered on Apr 6, 2022
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answered on Apr 6, 2022
Call the health department and report the situation. They might have the clout to force a clean up.
Be careful what you ask for, though. Can your daughter afford the cost of clean up? Maybe she would be better off selling to someone who can afford clean up and move to a better... View More
Q: My mom has a trust, if she ends up having a stroke and has to go to long term care, she is telling me they
My Mom has a trust, if she ends up having a stroke and has to go to long term care, she is telling me that the facility can get the funds from the trust, if I'm understanding her correctly. Is this true?
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Nina Whitehurst
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answered on Mar 29, 2022
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answered on Mar 29, 2022
It is not possible for any attorney in this forum to answer your question without reviewing the trust and how your mother's assets are titled.
Q: My wife is the Trustee of her mother's irrevocable family trust. How does she get a letter of testamentary?
Who does she present it to, and how does she present it? Her mother passed away 15 December 2021, and she is trying to figure this all out. She has a check from her mom's original checking account, made out to her mom's Irrevocable Family Trust, and she needs to open an account under... View More
Scott C. Stockwell
answered on Mar 21, 2022
answered on Mar 21, 2022
A trust is managed by a trustee. A probate estate is managed by an executor (if there is a will) or administrator (if there is no will). If there is a will, it must be filed with the court within six months of the date of death; if there is no need to probate the will, the will may be filed with... View More
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