Lawyers, Answer Questions  & Get Points Log In
Kansas Probate Questions & Answers
1 Answer | Asked in Probate for Kansas on
Q: Do we have to go through probate court or can we get a decree of descent?

My father passed away in the state of Ks. He had 1 checking account without a POD, a house, cars and some land. Other money accounts had PODs. He did not have a will. How do we have to handle this?

Scott C. Stockwell
Scott C. Stockwell answered on Mar 18, 2019

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 »

1 Answer | Asked in Probate for Kansas on
Q: How can I use the Kansas simplified estates act for my mom's estate? I am an only child and she was divorced.

She has a loan on her home and car. Two bank accounts. Not worth much.

Scott C. Stockwell
Scott C. Stockwell answered on Mar 9, 2019

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 »

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.... Read more »

1 Answer | Asked in Probate and Estate Planning for Kansas on
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 »

Scott C. Stockwell
Scott C. Stockwell answered on Dec 27, 2018

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 »

1 Answer | Asked in Estate Planning and Probate for Kansas on
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 »

Michael Hales
Michael Hales answered on Sep 25, 2018

I recommend retaining an attorney to communicate with your uncle if he continues to ignore your requests.

1 Answer | Asked in Probate for Kansas on
Q: Do beneficiaries of a will need legal representation? Is there a time limit a beneficiary has to respond to a will..?

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 »

Scott C. Stockwell
Scott C. Stockwell answered on Jul 11, 2018

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 »

1 Answer | Asked in Probate for Kansas on
Q: If I'm added to the mortgage as executor, does the house still need to go through probate?

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 »

Scott C. Stockwell
Scott C. Stockwell answered on May 25, 2018

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 »

1 Answer | Asked in Probate for Kansas on
Q: How long to probate a will in kansas
Scott C. Stockwell
Scott C. Stockwell answered on May 7, 2018

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 »

1 Answer | Asked in Estate Planning and Probate for Kansas on
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?

Scott C. Stockwell
Scott C. Stockwell answered on Apr 24, 2018

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 »

1 Answer | Asked in Real Estate Law and Probate for Kansas on
Q: I moved I to an abandoned property 7 years ago took 6 months of labor and money. Never paid rent. Do I have rigjts

Actual owner didn't know I lived there til a few years ago. Now it in probate. I'm in Kansas. Help I don't want to leave

Scott C. Stockwell
Scott C. Stockwell answered on Apr 24, 2018

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 »

1 Answer | Asked in Tax Law and Probate for Kansas on
Q: If a relative passes away and your their beneficiary to their checking and savings, do you claim that on taxes?
Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 8, 2018

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 »

1 Answer | Asked in Probate for Kansas on
Q: Kansas probate law. A friend of mine is the beneficiary of her late husbands estate. The estate owns part of a business,

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 »

Scott C. Stockwell
Scott C. Stockwell answered on Mar 2, 2018

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 »

1 Answer | Asked in Probate for Kansas on
Q: In the state of Kansas, do the probate courts allow you to use your own appraiser for real estate or do they assign one
Scott C. Stockwell
Scott C. Stockwell answered on Feb 26, 2018

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 »

1 Answer | Asked in Probate for Kansas on
Q: In Kansas how long can a probate case be opened.
Scott C. Stockwell
Scott C. Stockwell answered on Feb 23, 2018

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 »

1 Answer | Asked in Probate for Kansas on
Q: My step father passed away and his biological son's don't want to file probate,

Can I ask the them to fully disclaim all rights, titles, benefits and other interests in the real property sign over to me? so I can take care of the estate

Scott C. Stockwell
Scott C. Stockwell answered on Feb 23, 2018

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 »

1 Answer | Asked in Probate for Kansas on
Q: How can I find out if my dad who has passed away that his name was the only name on his house I need to know how to
Scott C. Stockwell
Scott C. Stockwell answered on Feb 23, 2018

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 »

1 Answer | Asked in Real Estate Law and Probate for Kansas on
Q: I just sold the house and want to use all proceeds from the house for my bother. To help with his finances as a safety

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.

Scott C. Stockwell
Scott C. Stockwell answered on Feb 23, 2018

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 »

1 Answer | Asked in Probate for Kansas on
Q: Guardianship/cons. petition in MO., GAL/court appointed atty. did not inform resp. of right to exam. Motion to retry?

Attempted to list this in Kansas City, Missouri on Justia, site put it in Kansas, will not let me correct mistake. Now listed in Missouri City MO. for purposes of response from Missouri only.

Scott C. Stockwell
Scott C. Stockwell answered on Feb 13, 2018

This question was misdirected to the Kansas section. Should ask again in the Missouri section.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on
Q: My 4 children's father recently passed away. His current wife says their is no will but he showed it to me beforehand.

She is now selling the house and getting rid of possessions I

Feel my kids have rights to. What do I do and how do I find out where the will is.

Scott C. Stockwell
Scott C. Stockwell answered on Sep 5, 2017

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 »

1 Answer | Asked in Family Law and Probate for Kansas on
Q: how can i find out about my dads estate
Scott C. Stockwell
Scott C. Stockwell answered on Sep 1, 2017

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 »

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.