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

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

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

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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

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

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

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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

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

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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.

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... View 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... View 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... View More

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... View More

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... View More

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... View 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... View 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... View More

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... View More

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... View More

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... View More