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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View More

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... View More

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

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... View 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... View More

You describe an estate in which the administrator has (a) failed to pay taxes and caused a property to be at risk for loss; (b) converted estate property for personal use; (c) lost another property to repossession due to unpaid obligations; and (d) failed to conclude an estate in a four-year... View More

The statute provides:

59-602. Limitation on testamentary power. Any devise or other disposition of real estate located in this state taking effect in possession or enjoyment at death, and any bequest or other disposition of any personal property by a resident of this state taking effect in... View More

If there are assets that as of yet have not been transferred of record, the incorrect date in the Decree of Descent might create some confusion and delay in a future transfer. For real estate for which the decree of descent will appear as part of the record of title, the error might cause a delay... View More

They CAN be paid, or they can waive payment if the circumstances warrant such treatment. Like so many other legal issues, this depends on the facts of the case. An executor who is also the major beneficiary may choose NOT to be paid, and inherit instead because of tax issues.

Hire a local... View More

There are appropriate procedures to transfer ownership of the vehicle and to quiet title to the vehicle. How to proceed would depend on the assets involved and the value of the assets involved. If the bank perfected its security interest in the car by recording a lien on the car title, that... View More

A typical probate estate is concluded in about nine months. In some estates, there are circumstances that require additional time to sell assets or conclude lawsuits. Given the time that has passed, it would be reasonable for the estate's attorney to explain the delay and identify when the... View More

The Kansas Elder Law Hotline provides assistance to senior citizens aged 60 and over and to the persons who provide assistance to them. The phone number of the Kansas Elder Hotline is 888-353-5337.

It is likely a probate case will need to be filed for your mother's estate. There several different types of procedures that might be appropriate based upon the specifics of your mother's estate. If there is a need for action or for someone to be appointed as an administrator of the... View More