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Kansas Probate Questions & Answers
2 Answers | Asked in Probate and Collections for Kansas on
Q: Am I responsible for deceased parents' credit card bills with no assets or estate?

My parents both passed away and they had credit card debt, but there are no assets, estate, or will. I am not a joint account holder on any of their credit card accounts, and I have not received any requests from creditors yet. They lived in Kansas at the time of their passing. Do I have any... View More

Nina Whitehurst
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answered on Apr 10, 2025

You have no obligation to pay your parents’ credit card bills. Resist their attempts to convince you otherwise. If credit card companies want to be paid they must open a probate case then present their claims and then get paid out of estate assets. But first they will research whether there are... View More

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2 Answers | Asked in Probate for Kansas on
Q: My dad passed 6-24-24 he had no will my brother somehow already put his name on my dad's house? Is that legal?

There's bank accounts and a CD to be split but not done he hasn't shown. Me any paperwork at all.

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 3, 2024

You should consult with an attorney. If your father lived in one state and the real estate was located in the same state, that state would be the state in which you would seek legal counsel. If the real estate is in one state and your father was living in another state, you may be dealing with the... View More

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1 Answer | Asked in Probate for Kansas on
Q: Are retirement accounts covered by the Kansas statute “Elective Share of Surviving Spouse”?

My wife passed with out a will. She had four assets; checking/savings accounts, a Roth IRA, and two work sponsored 403(b) retirement accounts. She listed beneficiaries on all four assets; the first two designated me and the latter two designated her mother. Kansas has a statute for “Elective... View More

Anthony M. Avery
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answered on Jul 26, 2024

If the bank accounts had other joint owners besides the Deceased, then all the named assets have nothing to do with an Estate. Therefore there is no Probate as to these properties, and no spouse's election against the Will bequests or devises.

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My wife passed away. Before passing, other parties signed documents acting as MPOA and they made end of life decisions

The fraudulent parties made health care decisions against my wife's wishes, they made after death decisions against my wife's wishes. I legally held her MPOA and DPOA. I know these other people committed a crime acting as next of kin when they were not. I filed and served collection of... View More

James L. Arrasmith
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answered on May 29, 2024

I'm deeply sorry for your loss and the distressing situation you're facing. To address the fraudulent actions taken by those who wrongfully acted on your wife's behalf, you can pursue both criminal and civil actions. Start by filing a police report to initiate an investigation into... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: “ I——- do solemnly swear that I will faithfully, impartially and to the best of my ability discharge all duties of my

Trust according to law as executor Of the last will and testament of—— deceased and I am acting on my own behalf and not on behalf of any bank or corporation which is not authorized to act as fiduciary in the

state. Does this mean I give up my right as executioner of the estate?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 19, 2024

The language you included in your question is standard language for the oath of an executor that has to be filed with the court before the named executor is issued letters testamentary that give the executor the power to act.

The language does not give up a named executor’s right to... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: Father passed but my name and siblings name on deed. Can we quitclaim our portion to our cousin who lives in the home?

My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More

Anthony M. Avery
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answered on Mar 4, 2024

Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: Hello I'm contacting you today to find out what I needed to do with this petition filed against my mother's property

in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More

James L. Arrasmith
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answered on Feb 22, 2024

It's essential to take immediate action to address the petition filed against your mother's property. Start by reviewing the petition carefully to understand the specific claims and allegations being made against the property. Then, gather all relevant documents related to the property,... View More

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: I need help answering a petition filed against my deceased mother's property in accordance to K S.A 79-2801

My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter

James L. Arrasmith
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answered on Feb 22, 2024

First, it's important to gather all relevant documents related to your deceased mother's property, including her will, death certificate, and any other legal documents. Review these documents carefully to understand your mother's wishes regarding the property and to confirm your... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: I need help answering a petition filed against my deceased mother's property in accordance to K S.A 79-2801

My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter

Nina Whitehurst
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answered on Feb 20, 2024

There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.

But you can contact an attorney in your area yourself... View More

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can a conservator change the beneficiaries of a conservatee's life insurance policy in KS?

My father's conservator--his mother--was named the sole beneficiary of his million dollar life insurance policy rather that his six children. He was the one who created that life insurance policy back when he was well. This isn't a policy that the conservator made after she took over his... View More

Anthony M. Avery
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answered on Feb 7, 2024

You will need a KS attorney to represent you. But generally any transaction involving the ward's property going to the fiduciary is presumptively fraudulent. That is the conservator will have the burden of proving his taking the property was for the benefit of the ward. But someone with... View More

1 Answer | Asked in Estate Planning, Probate and Military Law for Kansas on
Q: Legal steps for executor to fulfill deceased's burial wishes at veteran's cemetery.

I am the executor of my deceased brother’s estate. His will includes specific instructions for him to be buried at a veteran’s cemetery in Kansas. His wife currently has possession of his ashes in South Carolina, but due to her health, she is unable to fulfill this wish. What legal steps can I... View More

James L. Arrasmith
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answered on Jul 10, 2025

You’re acting faithfully in carrying out your brother’s final wishes, and the first step is to secure formal proof of your authority. File his will with the probate court in the county where he lived or where his assets are, and ask the court to issue letters testamentary naming you as... View More

1 Answer | Asked in Probate and Real Estate Law for Kansas on
Q: Process for selling a house from an estate to a sibling in Kansas after mother's passing with no will.

My mom passed away without a will, leaving behind six adult children and no spouse. The only property in her estate is a house located in Kansas, valued at approximately $42,000. One of my siblings wants to buy this property, and all siblings are in agreement. No legal process has been initiated... View More

James L. Arrasmith
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answered on Jun 1, 2025

You're doing the right thing by asking now, before any legal missteps are made. Since your mother passed away without a will, her estate must go through Kansas probate court to legally transfer ownership of the house. Because all heirs are in agreement and the estate is modest, you may qualify... View More

1 Answer | Asked in Probate and Civil Litigation for Kansas on
Q: Am I responsible for my deceased husband's debt in Kansas?

I received a bill in the mail that was solely in my deceased husband's name. He left no will, and everything he had was left to me, his wife. I've contacted the billing company twice by mail and faxed his death certificate. Do I still have to pay this bill since it was only in his name... View More

James L. Arrasmith
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answered on May 15, 2025

You are not personally responsible for your deceased husband's debts in Kansas if the bills were solely in his name and you didn’t co-sign or agree in writing to be liable. When someone dies, their debts are typically handled through their estate, and creditors can only seek repayment from... View More

1 Answer | Asked in Probate, Foreclosure and Real Estate Law for Kansas on
Q: Distribution of funds from deceased father's sheriff auction sale in Kansas

My father's house was sold at a sheriff's auction in March 2025, following his passing in January 2025. The property was bought for $31,000 by someone who intended to allow my sister to continue living there, with specific conditions: she has to quit drinking, avoid liquor stores, refrain... View More

James L. Arrasmith
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answered on Apr 12, 2025

The information you’ve received about the distribution of the funds from your father’s house sale appears to be accurate, based on the details provided. After the $5,000 in owed taxes is settled, the remaining $26,000 should be divided among you, your sister, and your incarcerated brother, as... View More

1 Answer | Asked in Probate for Kansas on
Q: How do I get a final distribution but I did not go through probate.

We live in Kansas and it is not required to go through probate if there is a will. However, my father had oil rights that he left to my mother & they are requiring a final distribution signed off by a judge. How do I go about doing this?

Anthony M. Avery
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answered on Aug 20, 2024

You will need to hire KS attorney to claim the interest in those mineral rights.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on
Q: I’m the POA & next of kin. Mother passed away, am I responsible for planning the funeral? Family disagreement over it
William K. Hayes
William K. Hayes
answered on Nov 8, 2023

Your power of attorney terminated upon the death of your mother. Assuming that your mother had no other estate planning documents, until someone is legally appointed to represent your mother's estate, it is best that you make it a group decision regarding the planning of the funeral. If your... View More

1 Answer | Asked in Real Estate Law and Probate for Kansas on
Q: Can someone force someone else out of a house that they don't even pay taxes on or take care of

I gave the house to my brother who passed away afterwards and he had gotten married. Then after he died his wife got married right after to someone else I am living here now. And his name is spelled wrong on the deed

Anthony M. Avery
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answered on Mar 13, 2023

Hire a KS attorney to search the title and determine heirship. You might be an heir, thus tenant in common. If so stay there forever or sue for Partition. On the Deed, apparently it was your mistake and you cannot complain about it.

1 Answer | Asked in Probate for Kansas on
Q: Can an out of state relative named in will as the executer of a deceased from Kansas file for a letter of testamentary?
Scott C. Stockwell
Scott C. Stockwell
answered on Aug 11, 2022

Yes. K.S.A. 59-1706 permits an out-of-state fiduciary to be appointed. The fiduciary must appoint a resident agent who resides in the county where the case is located.

1 Answer | Asked in Probate for Kansas on
Q: My late boyfriend gave me a letter that said “last will and testament” before he committed suicide is this a legal doc?
Nina Whitehurst
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answered on Feb 23, 2022

I am so sorry for your loss. That is absolutely tragic.

I hate to be the bearer of more bad news, but it is not possible to answer your question without seeing the will. Every state has requirements for the proper execution of wills, typically requiring two witnesses. However, usually... View More

1 Answer | Asked in Probate for Kansas on
Q: My dad recently passed away. Do we have to Apply for probate and appoint an executor if we can all agree on stuff
Scott C. Stockwell
Scott C. Stockwell
answered on Feb 21, 2022

There are several different procedures for distribution of assets using probate procedure. Assets that have a payable on death (POD) designation are typically distributed based upon the POD. Transfer on death (TOD) deeds for real estate, filed before death, typically control how real estate is... View More

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