Kansas Probate Legal Questions

A will only has legal effect after it is admitted to probate and then only with regard to the property which passes under the Will.  If the house has been sold, it will not be part of the estate which passes under the Will.   The agent under a Durable Power of Attorney has a duty to preserve the estate plan reflected in the Will only to the extent that that plan does not interfere with the person's need for care.   If the agent is selling the home to pay for nursing home bills, the agent is doing his or her duty.    ... Read More

In Kansas a surviving spouse has a right to one half of her husbands estate no matter what the Will says.  half of the money in the bank account belongs to her.  If only you and your father were on the bank account, i don't see how she got access to the account.  She also must have been a signor on the account or had a power of attorney, or a check signed by your father.  If she commited fraud to get the money out of the account an executor can sue her to recover the monthe for the estate.  in addition to getting 1/2 of the estate a surviving spouse is entitled to a spousal allowance of $35,000.00.  This is paid out of the property of the estate.  If your father owns a home, the spouse gets half, and the right to live in the house for the rest of her life.  The law if very protective of surviving spouses.  Who is name executor in the Will?  If you, you can file the Will for Probate, be appointd Executor and handle the asset of the estate, subgect to the spouses rights outlined above.... Read More

A holographic Will is one in which the important provisions of the Will are in your handwriting and it is signed by you.  It never hurts to have your signature notarized and/or to have witnesses.  The issue is whether you understand what you own and who you would like to receive it upon your death.  Most Will challenges are based on allegations of someone who did not receive assets or as much as they wanted that the person who signed the Will did not understand what they were signing. ... Read More

You must file for probate with the court. This is usually with a District Court, a County Court or other surrogate court. If there is a formal Will or a holographic (handwritten) one, it must go through this process. Even if there is no Will but just a letter or draft of a document explaining your mother's wishes, the probate must still be done and the letter is ignored. The court and the judge then determine 1) who owns what according to applicable state law, 2) whether or not you will be allowed to be the one in charge of the estate, and 3) who can inherit what your mother did own.You need an experienced Probate lawyer, licensed in Kansas. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com ... Read More