Depending upon the size or value of the estate, the potential claims against the estate, and the agreement among the possible heirs, there are several options availiable to the heirs at law. Simplified adminstration allows for minimizing the oversight of the court and is generally available if the...Read more »
Simplified estates probate procedure is designed to assist people with circumstances similar to yours. One or several heir(s)/beneficiary(ies)/legatee(s)/devisee(s) whose interests and relationships are in alignment; fixed assets (as opposed to an ongoing business), the amount of assets, the...Read more »
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 »
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 »
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 »
For a beneficiary in a will who has no contact with those involved w/ the will, i.e. other beneficiaries, blood relatives of the person who the will is for, would an attorney be able to help with the process? It is not possible for me to be in contact w/ individuals involved due to abuse and... Read more »
Whether the estate would be probated in Kansas or Massachusetts would be a threshold question that would need to be answered with the assistance of counsel. The appropriate jurisdiction for probate of the will would be based upon several different factors. If Massachusetts is the appropriate...Read more »
My mother had the house in her name only, Chase has added me as an authorized user to keep paying the mortgage, would that allow me to sell the house without going through probate, or is probate the only way to sell the house? Myself and my brother are the only living relatives, and we agree on... Read more »
If a person passes away owning real estate in his/her name only and without a transfer on death deed making an automatic transfer at death, some probate proceeding would be required to convey ownership of the property or to authorize someone to transfer the property on behalf of the estate. If an...Read more »
Kansas law provides that a will must be submitted to the court within six months of the date of death. If a party withholds the will from the court, that party may not receive under the terms of the will more than that party would receive under the laws of intestacy. If a will is discovered, an...Read more »
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 »
Adverse possession is recognized as a way to become an owner of a property. The person occupying the property must do so in a hostile, actual, exclusive, open and notorious way for a continuous period of fifteen years. K.S.A. 60-503. A person with a superior interest in the property may file an...Read more »
As long as their estate is not subject to estate taxes (11.2 million in 2018) and provided you and the deceased were not splitting the interest on your taxes every year, the beneficiary only claims the interest earned after the date of death. If you were splitting the interest on your taxes every...Read more »
In which she gets a monthly check for. The checks started getting smaller a couple of years ago, and now she found out that the business actually sold over a year ago, and she was never informed, and her late husbands estate in which she’s the beneficiary of never got paid for the sale. The... Read more »
Your friend needs to seek the advice of an attorney immediately. The issues touched upon in your question are much too difficult to address in a question and answer setting. There may be time-sensitive issues that must be address quickly or your friend may lose some potential remedies available to...Read more »
If the executor or administrator proposes to sell real estate, he or she may file a petition to sell the real estate. K.S.A. 59-2303. The petition may include the name of a proposed purchaser and suggest appraisers, which appraisers may be approved by the court, or the court could direct different...Read more »
Normally, a probate case should be completed within about nine months. If there are legitimate needs, the court may extend the authority of the executor or administrator, but that should be formalized with a petition for additional time and an order authorizing it. There is not an absolute limit as...Read more »
People who have an interest in an estate may enter into a valid settlement agreement. "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees,...Read more »
One possible source is to visit the Register of Deeds office for the county in which the home is located. The staff will assist you in searching for the record owner (as shown in a deed). You might also want to check the records of the county treasurer to see who is shown as the owner. You should...Read more »
I have a house that belonged to my Mother and Father My mother has been in a nursing home for the last 10 years with advanced dementia due to Alzheimer’s. My father passed way in 2015.My brother is mentally handicapped but functional. I have DPOA on all three.
You should consult with an attorney as soon as possible. The details of the transaction leading to the sale of the house are not clear from the limited information stated in the question. An attorney-in-fact operating under the powers vested in him or her by a durable power of attorney (DPOA) has...Read more »
If you or your children know who the attorney was that drafted the will, you could reach out to that attorney and ask for the original or a copy. If the original is not found, one of your children could ask the court to probate the lost will, if its contents are known. There is a presumption that a...Read more »
My condolences for your loss. If a probate case has been filed, the Clerk of the District Court in the county in which he resided can provide the file contents to you. As an heir at law, you should have received notice of any probate estate that has been filed in the district court. If there is a...Read more »
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