My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter
There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.
But you can contact an attorney in your area yourself...View More
My father's conservator--his mother--was named the sole beneficiary of his million dollar life insurance policy rather that his six children. He was the one who created that life insurance policy back when he was well. This isn't a policy that the conservator made after she took over his... View More
You will need a KS attorney to represent you. But generally any transaction involving the ward's property going to the fiduciary is presumptively fraudulent. That is the conservator will have the burden of proving his taking the property was for the benefit of the ward. But someone with...View More
Your power of attorney terminated upon the death of your mother. Assuming that your mother had no other estate planning documents, until someone is legally appointed to represent your mother's estate, it is best that you make it a group decision regarding the planning of the funeral. If your...View More
in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More
It's essential to take immediate action to address the petition filed against your mother's property. Start by reviewing the petition carefully to understand the specific claims and allegations being made against the property. Then, gather all relevant documents related to the property,...View More
I gave the house to my brother who passed away afterwards and he had gotten married. Then after he died his wife got married right after to someone else I am living here now. And his name is spelled wrong on the deed
Hire a KS attorney to search the title and determine heirship. You might be an heir, thus tenant in common. If so stay there forever or sue for Partition. On the Deed, apparently it was your mistake and you cannot complain about it.
I am so sorry for your loss. That is absolutely tragic.
I hate to be the bearer of more bad news, but it is not possible to answer your question without seeing the will. Every state has requirements for the proper execution of wills, typically requiring two witnesses. However, usually...View More
There are several different procedures for distribution of assets using probate procedure. Assets that have a payable on death (POD) designation are typically distributed based upon the POD. Transfer on death (TOD) deeds for real estate, filed before death, typically control how real estate is...View More
My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... View More
My brother passed they did a DD in his probate I filed a petition for probate for our mothers property which now they say will be dismissed because of the DD on my brothers estate… he was not a owner of her property she was the sole owner…
It is not unusual that the estates of multiple people relate to one another. There is not enough information in your inquiry to explain why the determination of descent for your brother's estate would eliminate the need for probate of your mother's estate. If you are trying to handle your...View 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?
Probate matters can include guardianships, conservatorships, adoptions, and involuntary commitments, so the answer to who might be eligible to initiate or involved in a probate proceeding could have lots of different answers. Limiting the answer to probate matters involving decedent's estates:...View More
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
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
After a person passes away, an probate estate may be opened. If there is a will, it must be filed with the court within six months of the date of death and an executor will be appointed. If there is no will, an heir at law or creditor may file a petition to probate the estate for the benefit of...View More
In Kansas, there are ways in which real estate can transfer outside of probate and without respect to what a Will says. Seems like there are a number of issues here. I would recommend hiring an attorney -- even if just for an hour or so -- to help figure out what exactly is going on. Disclaimer:...View 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... 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
A family member passed away unexpectedly without a will. Their only asset was a car, they rented their home & did not own any property. it is believed they had some debt, primarily credit cards. Not sure if the vehicled has a TOD on the title. Would the sale of any household appliances,... View More
In Kansas, there would be number of variables to consider. That said, generally, all of a person's property that does not have a beneficiary designation on it (or co-owner w/ survivorship rights) is part of the estate and can be used to satisfy enforceable debts. There may be some...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.