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Kansas Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: If minor child dies & child is benificiary of irrevocable trust, established 10 yrs earlier, What happens to the trust?

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.

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Probate for Kansas on
Q: Can a wife recoup funeral costs from her husband’s probated estate?

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?

Scott C. Stockwell
Scott C. Stockwell 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,...
Read more »

1 Answer | Asked in Probate for Kansas on
Q: I was warded Guardianship/Conservatory for my 89 year old grandmother who recently passed away on May 3rd 2019.

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?

Scott C. Stockwell
Scott C. Stockwell 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 is no... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Does tenancy in common require probate in KS?

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 remain in... Read more »

Ben F Meek III
Ben F Meek III 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).... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My grandmother passed away two months ago. She had a will but we cannot find a copy, nor can we track down the attorney

What is our next step? We have tried phone, email & every social media option to find the attorney.

Scott C. Stockwell
Scott C. Stockwell 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... Read more »

1 Answer | Asked in Civil Litigation and Probate for Kansas on
Q: I father past away in Tennessee but I live in Kansas. I am being told I need to open a estate account

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

Scott C. Stockwell
Scott C. Stockwell 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 assets... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Can an administrator of an estate make monetary decisions with out notifying the beneficiaries
Scott C. Stockwell
Scott C. Stockwell 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 creditors,... Read more »

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 »

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