Kansas Estate Planning Questions & Answers
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.
The answer very much depends on the wording of the trust. Take it to an estate planning attorney for review.
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
I recommend retaining an attorney to communicate with your uncle if he continues to ignore your requests.
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 »
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.
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?
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 »
Q: What happens with a trust when all the trustees are deceased?
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 »
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
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 »
Q: Mother wants to sell a cell tower??
My mother has rights to land that her deceased spouse gave her upon his death. On one piece of land, there is a cell tower that she wants to sell. To complicate matters, the land that the cell tower is on has been willed by her deceased spouse to his nephew when my mother dies. Can she sell the... Read more »
If a person owns a life estate in a piece of real property, that person would not have the power to sell the real estate outright without the person with the remainder interest participating as a seller in the sale. The tower may be a fixture that, once affixed to the property, becomes a part of... Read more »
Q: I am executor of estate from years ago and had found some money the previous trustee did not find have not distributed
now afraid of getting in trouble, and do not live there anymore, it is in the state of kansas.I also have a house that one of my sisters lives in and pays taxes on after the other sister almost lost it and the lawyers were going to sell it for nothing. I have 2 sisters one is not very nice and... Read more »
If there is a need to reopen the estate to empower an executor or administrator, that may be done. An attorney who would work with you in addressing this new development would want to be sure about the nature of the asset, what proceedings would be needed, and minimizing the cost of a new procedure... Read more »
Q: My mother passed away recently. She did not have a will. She lived with her boyfriend of 20-plus years. I'm her only hei
Since they were not married am I legally the soul reciprocant of her estate? I am her only heir
A single person who passes away with one child would have a single heir, the child. Kansas does recognize common law marriage. So two single people may hold themselves out to be married and by virtue of their affirmative effort to be a married couple, may become married. Common law marriage has... Read more »
Q: My friend informed me that he wants me to inherit his estate and wants me to draw up the documents to do so.
Is this legal to do so?
Your friend would need some independent legal advice. Kansas law provides that: "Any provision in a will, written or prepared for another person, that gives the writer or preparer or the writer's or preparer's parent, children, issue, sibling or spouse any devise or bequest is invalid unless...it... Read more »
Q: My sister passed away with no will. Her condo is going back to the bank. She has no assets but the condo and her car.
I do not want to be involved, will the bank file for probate or someone else. She has medical bills, and who files her taxes for her. Thanks.
A creditor such as a bank may file a petition to probate an estate. In absence of a family member who is an heir at law stepping forward to ask for the appointment of an administrator, the court would likely appoint a fiduciary suggested by the creditors as administrator. The administrator would... Read more »
Q: Can a house or car from an estate be used if it hasn't been settled with the beneficiaries yet
After a fiduciary (executor if there is a will or administrator if there is no will) has been appointed to handle the estate, the fiduciary will need to safeguard the assets while the estate is being administered. Some assets may be sold, and others may be held for eventual distribution. With a... Read more »
Q: If property is deeded in my husband's name, will that ownership pass to me upon his death?
My husband inherited this lake property along with four of his siblings. All of their names are also on the deed.
There are two parts to the question. The first being the nature of the interest that was transferred to your husband. If your husband holds his interest as a tenant in common, then his interest in the property would pass subject to his will if one exists, or the laws of intestacy, subject to your... Read more »
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