Lawyers, Answer Questions  & Get Points Log In
Kansas Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Kansas on
Q: Can I sell a car titled in the name of the a trust if my brother and I (only beneficiaries) are both in agreement to sel

My parents are both deceased. The trustee has done nothing for six months and now refuses to handle the trust. What are my options? My brother lives out of state and thinks that now he can just start sending off to access money from the IRA, investment account, and life insurance that are... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2020

The starting point is to read the trust document to see how one goes about removing and replacing a non-performing trustee. I recommend that you hire an trust administration attorney or trust litigation attorney to help you with this.

1 Answer | Asked in Estate Planning for Kansas on
Q: My brother died in February & left behind no estate and no will; can I ignore any collection agency letters?
Scott C. Stockwell
Scott C. Stockwell
answered on Jun 5, 2020

In Kansas, an estate may be opened by any person having an interest in the estate as an heir at law, a legatee or devisee under a will, an executor named in the will, or creditor who is owed money. If no estate is opened within six months of the date of death, creditors' claims would lapse.... View More

2 Answers | Asked in Estate Planning for Kansas on
Q: My Mother was a resident of Wichita, Kansas but passed away in Oklahoma. Would I need to create the estate in KS or OK

She left no living will, she had no bank account, she left me as the beneficiary of her insurance. She did not get to finish the rest of preparing.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2020

You file the probate in the state in which the decedent was domiciled, which sounds like Kansas in your mother's case. that is a fair question because it is not uncommon for a person to die "out of town" (such as in a hospital in a neighboring state). Just because they happen to be... View More

View More Answers

1 Answer | Asked in Estate Planning for Kansas on
Q: My mom and dad divorced. My dads father still left my mother land. She was remarried when this occured.

She wants to will the land to my brother and i. He was never left any of this but does he have to sign the deed? He being her husband.

Doug Coe
Doug Coe
answered on Apr 6, 2020

In Kansas, you always want -- and any many cases need -- the signature of both houses anytime you transfer land. However, if she were to transfer the land by way of her estate plan, and if her husband was living at the time of her death, you'd want his signature waiving his rights to the land... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can beneficiaries get copies of the will before it's filed in probate? Executor does not communicate with others.

There are four beneficiaries to mother's will (she passed approximately 3 months ago). The executor has not contacted/responded to any of the beneficiaries. The financial advisor for deceased parent refuses to give a copy to any beneficiaries, stating that we should get it from executor. How... View More

Doug Coe
Doug Coe
answered on Mar 19, 2020

In Kansas, whoever is in possession of the Will must record it in Court and send copies to the named beneficiaries and certain family members within six months from the date of death. The controlling statues is pasted below. If he or she fails to file the Will within six months, there can be... View More

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.

He had no will. 2 surviving adult daughters, sister and brother. He left 2 houses, cars, trucks, and bank account. His daughters are about to open probate and the siblings said they will contest it. What can his daughters do? Before getting passed, he gave his daughter a house. After he passed the... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 17, 2020

In the absence of a will, a person passes away "intestate", meaning "without a will". Intestate estates pass to the spouse and children; if there is no spouse, then to the children, in equal shares. The first step for children of the deceased is to open an estate. The person... View More

View More Answers

2 Answers | Asked in Estate Planning for Kansas on
Q: Is there any way to tranfer a deed after death without probate?

My father died 3 years ago and we just recently found out that only his name was on the deed to my parents house (he inherited it back in the early 80s) My mother had early dementia and I guess there were some things she didnt take care of after his death. The only "estate" he left was... View More

Doug Coe
Doug Coe
answered on Feb 28, 2020

From what you've said, you will have to do at least some amount of work with the probate court. However, there is a simplified proceeding called a Determination of Descent. It is much easier than the traditional probate preceding, and it is commonly used in situations like this. I would... View More

View More 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... View 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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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... View 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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

View More Answers

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.