There was no will, no estate, no POA or deeds to the home signed over to anyone. We know she owes back property taxes. How do we go about getting the home in someone elses name so that we can pay off taxes, take ownership and sell the home so it's not just sitting vacant?
answered on Mar 4, 2020
Based on this info, you'll most likely need to do what's called a Determination of Descent, which is a limited probate proceeding, assuming the real estate is located in Kansas. Would certainly encourage you to hire an attorney for this.
She keeps moving things to her new homestead that had been on my dads place before they were married. ....hay barn, small round top shed..neither were attached to the ground. Those are just the things I noticed from the hwy way as she said i was not allowed on the property.
answered on Mar 4, 2020
Tough to say without more info. I'd certainly reach out to an attorney to represent you and to get more thorough advice. With that said, if you own the property and she is a tenant, your rights are largely governed by the Kansas Landlord Tenant Act and the lease agreement, if any. As for... View More 
What are my legal requirements?
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
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.
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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.
Mom lived in Kansas and died May 29, 2019 and my brother on May 30th as executor took over $ 130,000 out of her bank . My mom made it so we were able to write checks for her, that's how he took her money after she died. He has now told us that she did't qualify for probate. He is also... View More
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answered on Nov 13, 2019
Yes, you can open probate yourself and petition to be appointed personal representative yourself. You can then require him to deliver all estate assets to you for proper distribution, including the money he stole from her bank account. You will need a probate attorney to help you with this.
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.
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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.
Husband died intestate, and owned property outside of the marriage. His estate went into probate. The wife paid for the funeral, but then just filed a claim against the estate to be reimbursed. Is that legal?
answered on Jul 17, 2019
In Kansas, payment of final expenses of the decedent would be expenses the estate would be obligated to pay. A proper claim would need to be made within the time allowed.
The spouse also has rights to request a share of the estate under different statutes, including spousal allowance,... View More
I had done a quit claim deed prior to her passing on her house she owned. I am now trying to sell the home and Title company says I need Permission from the court to sell. Can I do an small estate affidavit less than $40,000 for the title of her home?
answered on Jul 17, 2019
A small estates affidavit is for certain items of tangible and intangible personal property. A house and the land it occupies would be real property. The appointment of an administrator (no will) or executor (will) is necessary to effectuate a transfer of a decedent's real property. If there... View More
My ex husband died in 2016 with no will, leaving a home that I believed to be titled as joint tenancy, but which I've learned is worded as tenancy in common. I've lived in, paid all taxes on, maintained and improved the home by myself for the last 28 years since we divorced, and wish to... View More
answered on Jun 8, 2019
You might start by reviewing your divorce decree. If the property division gave you sole ownership of the house (subject to any mortgages, etc.) but the decree wasn’t recorded in the land records, all you may need to do is record it to be the sole owner (or you may have to sue to quiet title).... View More
What is our next step? We have tried phone, email & every social media option to find the attorney.
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
I read something about it being small and not needing to go thur probate. It will be at max 7,000 being despoiled into the account. What steps do I need to do and with what state
answered on Jun 4, 2019
The state with primary authority over a peron's estate would typically be the state in which the person was a resident at the time of death. If your father was a resdient of Tennessee, you should consult with a Tennessee attorney. Some estates allow for smaller estates composed of certain... View More
answered on Mar 18, 2019
An administrator is subject to the oversight of a probate judge. If the estate is one of "simplified administration", there is less supervision required than under normal administration. All administrators have a fiduciary responsibility to act in the best interest of the estate, its... View More
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?
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... View More
She has a loan on her home and car. Two bank accounts. Not worth much.
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... View More
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
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
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... View More
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... View 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... View More
answered on Sep 25, 2018
I recommend retaining an attorney to communicate with your uncle if he continues to ignore your requests.
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... View More
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... View 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... View More
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... View More
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... View More
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