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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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
Do I legally have to pay it when I did not creat the debt
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
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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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
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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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
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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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.
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
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
Our licenses are currently listed as AND but a lawyer suggested we might consider OR so that one of us could sell them if the other were incapacitated or deceased. Should we change our titles to OR?
answered on Mar 21, 2022
From the Kansas Department of Revenue Motor Vehicles Department website:
In Kansas, if there is more than one owner showing on the face of the title or as buyers on an assignment, the following number of signatures will be required when there is the connection between the names shown below:... View More
answered on Feb 21, 2022
If a transfer on death deed was filed before the person passed away and was properly drafted, the deed places the property outside of possible claims except for Medicaid. If the person who passed away or her or his spouse received Medicaid benefits during their lifetimes, the Medicaid claims may... View More
My mom was executor of her aunts estate. She passed in 2000 and left $30,000 to be divided 3 ways. It took a long time for everything to be settled. In the meantime my mom put the money in cd's. My mom is 86 now and just remembered the money was still there. In the meantime, one of the ladies... View More
answered on Feb 21, 2022
If a person is appointed as executor of an estate, that person is answerable to the judge or court who appointed her or him. If a beneficiary of a probate estate predeceases the distribution, the court would most likely refer to the provisions of the will. If the will did not provide some... 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
Hello, thank you for taking the time to hopefully answer my questions. My sister passed away a few months ago and we are working to wrap up a few things. She has some benefits, paychecks, 401k etc. from her job and they are saying that we need to set up a small estate. She lived and passed in... View More
answered on Dec 6, 2021
There are several options for small estates, depending upon the size of the estate and the type of assets involved. You should be able to find legal counsel who will provide a free consultation to determine your options and identify the cost. If there are sufficient assets in the estate, you... View More
answered on Sep 14, 2021
As a general matter, it is not a requirement to have a will typed, and there is no requirement that the will be typed by someone other than yourself. However, there are a LOT of other variables to consider. As a probate and estate planning attorney, I've seen countless messes that not only... View More
answered on Sep 3, 2021
In Kansas, a Will, by itself, won't transfer any assets until it has been probated. This is a court process usually supervised by a Judge. I would highly recommend speaking with a lawyer about this situation. Your lawyer can help review the Will and present it to the probate court. There... View More
No savings or retirement. Are there advantages to my having a living Will? (Also, no life insurance)
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answered on Sep 1, 2021
"Living will" is another name for Advance Directive for Health Care, which is a document that sets forth your values with respect to end of life care. There is definitely value in having one regardless of your age or net worth.
You might have meant to refer to a Will aka Last... View More
My husband is refinancing his mortgage. We are now married so the bank said I have to be a grantor. It looks like the grantors (both my husband and I) are required to pay the taxes. Is this legal? Should it not say the borrower is responsible for the taxes instead of the grantors? (It specifically... View More
answered on Aug 13, 2021
It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the... 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
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
The lawyers office has signed & notarized originals, and we still have our copies.
answered on Jun 9, 2021
Kansas allows for the probate of wills executed outside the state. K.S.A 59-609 provides that a will executed outside the state in the manner prescribed for Kansas wills, or by the law of the place of it was signed, or by the law of the place testator's residence either at the time of its... View More
My uncle and I were my grandmother's financial and medical DPOA's. We had to place her in nursing facility on 3.25.21 and her home was then listed for sale on 3.26.21 to pay expenses. My uncle signed the listing agreement on her behalf on that date and a contract was placed for the... View More
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answered on May 26, 2021
Your question is highly fact-specific, not a general question that can be answered with a general answer. You need a personal consultation with an attorney who can review all of the facts and give you personalized advice.
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