How does an executor obtain an EIN for the estate in Kansas?
Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Detailed Answer When an executor administers a Kansas estate, the federal government requires obtaining an Employer Identification Number (EIN) for tax filings and estate accounts. Although the EIN process is federal, […]
Read article →What is the difference between common and solemn form probate in Kansas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Kansas law, the terms “common form” and “solemn form” probate are not used. Instead, Kansas distinguishes between informal probate and formal probate. Informal probate closely resembles what […]
Read article →Do I have to list personal property assets when completing a year’s allowance in an estate? – KS
Disclaimer: This article is for educational purposes only and does not constitute legal advice. What Is a Year’s Allowance in Kansas Probate? Under Kansas law, a surviving spouse may elect to receive a year’s allowance from the decedent’s estate for support during the first year after death. This election stands in lieu of the homestead […]
Read article →How to Request and Schedule a Probate Hearing in Kansas When None Is Set
Disclaimer: This post is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer When you file a probate petition or motion in Kansas, the court typically sets a hearing date. If no date appears on the docket, you may need to request one. […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in KS
Detailed Answer To advance a probate case in Kansas, you must serve all interested parties with the court’s orders and hearing notices in strict compliance with Kansas law. Interested parties include heirs, devisees under the will, the surviving spouse, and known creditors. 1. Identify All Interested Parties Begin by listing everyone with a legal interest: […]
Read article →How to determine which tasks are covered under an initial probate representation agreement in Kansas
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Kansas for guidance tailored to your situation. Detailed Answer When you retain an attorney for probate matters in Kansas, the initial probate representation agreement (often called an engagement letter or fee agreement) should clearly define […]
Read article →May I petition a Kansas court to remove an estate administrator who refuses to fulfill their duties?
Detailed Answer Under Kansas law, a personal representative—often called an estate administrator—serves as a fiduciary to manage and distribute estate assets. If the administrator neglects duties such as filing an inventory, providing accountings, communicating with heirs, or distributing assets, interested persons may petition the probate court for removal under K.S.A. 59-2232(b). Grounds for Removal Failure […]
Read article →How to Request an Extension for Filing a Final Accounting in Kansas Probate
Detailed Answer Under Kansas law, an executor or administrator must file a final accounting (sometimes called a final report) within one year of appointment. This requirement appears in K.S.A. 59-2709, which requires fiduciaries to report all receipts, disbursements and distributions of estate assets. Missing the deadline may expose the fiduciary to removal or surcharge. Although […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim in Kansas?
Detailed Answer Under Kansas law, only the decedent’s personal representative may file a wrongful death suit. The Kansas Wrongful Death Act (K.S.A. 60-1901) states that “when the death of a person is caused by the wrongful act, neglect or default of another,” a cause of action arises in favor of the decedent’s personal representative. That […]
Read article →How Do I Apply for Letters of Administration in Kansas and What AOC Forms Are Required?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your situation. Detailed Answer When someone dies without a will (intestate) or when no named executor accepts appointment, you must obtain letters of administration to manage and distribute the estate. Below are the key […]
Read article →