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... Read more »
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... Read more »
No savings or retirement. Are there advantages to my having a living Will? (Also, no life insurance)
"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... Read 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... Read more »
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... Read 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?
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... Read more »
Lived together for 10 years, only one taking care of him through Cancer
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 »
The lawyers office has signed & notarized originals, and we still have our copies.
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... Read 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... Read more »
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.
Assets are bank account approx. $175k which she named 2 dtrs as co-owners. 40 acres of farmland that also names these 2 dtrs on the title. All children are in agreement to divide evenly 4 ways. All agree to hold the land at the present time. It is currently being rented by a farmer. It yields... Read more »
Your fidelity to fulfilling your mother's wishes is admirable. She would be proud. There are some details that are undefined that could be important to the proper method of implementing your mother's wishes and you should seek the advice of an attorney and a tax advisor.
If your... Read more »
Married in 2013. Home in Kansas was purchased later that year for approx $125k, using funds exclusively from wife. This is the residence. Currently worth approx $150k.
Wife wishes that upon her death, husband is allowed to stay in the home until no longer needed, then it is to pass on to... Read more »
It would be possible for a husband and wife to transfer their residence to the wife as trustee under a revocable living trust established by her and naming her as the initial trustee. The trust could provide for the husband to have the right to live in the house during his lifetime. Mortgage and... Read more »
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 »
My father and his brother are in agreement with her wishes.
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 »
And dad changed it my brother got everything I didn't even get a will copy is this legal
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... Read more »
Why is it that a mental evaluation is required in order to prove that an elderly person has been conned into adding a POD on their banking account?
Kansas has statutes and case law that recognize that undue influence and manipulation of an elderly person is wrong. In some instances, it is a crime. In some instances, the court has the power to right the wrong. In both instances, the court's job is a difficult one. As all people age, their... Read 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... Read more »
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 »
There are a number of factors here. Generally, estate representatives can charge a reasonable fee for services rendered. However, if you are actually appointed as the representative for the estate via the court process, the Judge will ultimately have to approve your fees. If an estate... Read 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?
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 »
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 $
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... Read more »
I want to file the trust. What do I need to do to get it done.
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... Read more »
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 »
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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