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Kansas Estate Planning Questions & Answers
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 beneficiary on an account... 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 estate is... 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 mother-in-law's... 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 from him... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: If minor child dies & child is benificiary of irrevocable trust, established 10 yrs earlier, What happens to the trust?

The child was 14. Trust grantor was great grandfather of minor. Child had no will. Irrevocable trust consisted of cash and stock portfolio, over $80,000.

Nina Whitehurst
Nina Whitehurst answered on Aug 5, 2019

The answer very much depends on the wording of the trust. Take it to an estate planning attorney for review.

2 Answers | Asked in Tax Law and Estate Planning for Kansas on
Q: How do we determine the cost basis for a piece of land and what is the most tax efficient way to sell the land?

Person A purchased a tract of land in 1970. In 1979 Person A formed a Revocable Living Trust and transferred the land to the Trust. Person A was the Trustee and Beneficiary of the Trust during his lifetime. The Trust named A's three children as Successor Beneficiaries. Person A died in 1985.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2019

There are several very important IRS tax questions presented here; and the several (alternative) legal answers would require the professional services of an experienced CPA and an experienced tax lawyer--working together--to spend at least 15 to 20 hours meeting with all three clients and then... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My grandmother passed away two months ago. She had a will but we cannot find a copy, nor can we track down the attorney

What is our next step? We have tried phone, email & every social media option to find the attorney.

Scott C. Stockwell
Scott C. Stockwell answered on Jun 4, 2019

You should work with an attorney where your mother was living at the time the will was prepared. An attorney might have better luck knowing which attorneys to contact and have a chance to visit with those attorneys. There is a duty to make reasonable inquiry to locate the will, and your attorney... Read more »

1 Answer | Asked in Contracts and Estate Planning for Kansas on
Q: I live in Missouri and am under a one year contract, is the property manager allowed to install sound monitors?

The landlord/property manager has added an additional property manager without verbal, or written notice. The new manager has verbally told me that he will be the new manager. He is installing sound monitors in hallways and wants to enter mine to install one, without written request. They also are... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 17, 2019

I am not licensed to practice in Missouri; nor do I represent your landlord of their property managers. However, unless there is some real demonstrable reason for the landlord or property managers to want to "install sound monitors in hallways" of the tenants' apartments I would strongly advise... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: I'm going to prepare a will and have a question concerning inheritance tax on my home.

My home is paid off and my son has been living with me for over two years. On my death can I request my home be sold and profits be split between my three children. Would there be inheritance tax on the home? Would it be best to add my son to the title and if so how could I go about doing this.... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Mar 18, 2019

You are planning on writing a will. A will is a document that--in Kansas at least--is given no legal effect until it is probated in a court after the person who wrote the will (the “testator”) has passed away. When you pass, and the will is filed with the court and determined to be valid, the... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Me and my brother are in probate because our father died..I recently just signed a consent and waiver now what?

I notice final settlement was filed...so what are we waiting on now?...and do I need to worry about if I owe the state money...I'm a heir

Scott C. Stockwell
Scott C. Stockwell answered on Jan 24, 2019

There are several different procedures under which the probate proceeding could have been filed. You indicate you recently signed a consent and waiver and that a final settlement was filed. Any person who has an interest in the estate should keep informed about the progress the probate proceeding.... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Kansas on
Q: If there is a lien on a house, can we keep adding joint tenants, generation after generation to pass on the home?

I understand that a joint tenancy postpones the selling of a home to satisfy a lien. If I am a joint tenant on my mom's home, then she dies, the home passes on to me, the house cannot be taken and sold to satisfy the lien. Then I add my son on as a joint tenant and when I die, also, the house... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Dec 27, 2018

It is not unusual for a mortgage and/or a promissory note to have a provision that accelerates the debt obligation upon the transfer of an interest in the property to another person. To answer your question, you would want to know the specifics of the promissory note and mortgage in question. As... Read more »

1 Answer | Asked in Probate and Estate Planning for Kansas on
Q: My Mother in law passed away

My mother in laws name is on the deed to the house. She passed away. She left the house to her kids in her will. Her husband is still alive who is a step dad. The will has not been filed with the court yet. The will states the husband can live in the house until his death. Does the will... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Dec 27, 2018

If there is a will, it should be filed with the court within six months of the date of death. Notice will be provided to persons with a potential interest in the estate and a hearing date will be set. If no one opposes the probate of the will, it will be probated as a valid will and an executor (or... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: How do I find out if my brother and I are named beneficiaries in our grandmas estate if my uncle won’t produce a will?

In May my dad passed away then two weeks later my grandmother, his mother, passed as well. My grandmother had a very large estate and she of course planned ahead and had a will. She legally had 3 children my dad, my uncle and a adopted daughter. The problem is that since my dad passed first... Read more »

Michael Hales
Michael Hales answered on Sep 25, 2018

I recommend retaining an attorney to communicate with your uncle if he continues to ignore your requests.

1 Answer | Asked in Estate Planning for Kansas on
Q: My wife and her sister recently inherited a property/house in Tallahassee, Florida from their father at his passing.

He leased the house for a 5 year period that runs thru 1/2020. The lease is signed by my father-in-law and the man and wife who are the lessors. Their are cancellation provisions for the lessors but not the owner except for cause. There is no transfer of ownership clause in the lease. Is the lease... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on May 7, 2018

The law that would apply to the lease of a Florida property would be Florida law. You need to seek legal advice from an attorney licensed in Florida.

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Husband died 6 years ago, Will filed, no probate, everything was joint. Now, found a stock certificate, in his name only

How do I get the stock into my name?

Scott C. Stockwell
Scott C. Stockwell answered on Apr 24, 2018

There is a process that allows for use of an affidavit for the heirs at law or beneficiaries of a will to transfer the assets directly to them if the value of the estate is under a certain amount. K.S.A. 59-1507b provides that if the total assets of the decedent subject to probate do not exceed... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: What happens with a trust when all the trustees are deceased?
Scott C. Stockwell
Scott C. Stockwell answered on Apr 23, 2018

Sometimes a trust document provides a process for the identification or appointment of successor trustees who are not called out in the trust document. Alternatively, a court proceeding may be initiated by someone having an interest in the estate to ask the court to make determinations in... Read more »

1 Answer | Asked in Estate Planning and Foreclosure for Kansas on
Q: Does my brother have to surrender the house he has lived in for the last 8 years taking care of his mother in home

he has been the sole caretaker and this has been his home. If he must surrender this, he will be homeless. His name was placed on the deed 20 years ago

Scott C. Stockwell
Scott C. Stockwell answered on Mar 7, 2018

Your brother should consult with an attorney regarding the Medicaid eligibility issues that may relate to the situation. A home of a Medicaid recipient may be transferred to an adult child who has lived with the Medicaid applicant for the two years prior to going into the nursing home and the... Read more »

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