How Does Intestate Succession Work in Kansas When No Will Exists and the Decedent Died with No Spouse and Two Children?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Kansas attorney for advice on your specific situation. Detailed Answer What Is Intestate Succession? Intestate succession arises under the Kansas Intestate Succession Act (K.S.A. 59-501 et seq.) when someone dies without a valid will. The Act sets the order […]
Read article →How does intestate succession work in Kansas when no will exists and decedent died with no spouse and three children?
Detailed Answer When a person dies without a will (intestate) in Kansas and leaves no surviving spouse but three children, Kansas law dictates how the estate is distributed. Under K.S.A. 59-502(b), if the decedent leaves no spouse, their entire intestate estate passes to their descendants “by representation.” This method, also called per stirpes, ensures each […]
Read article →How does Kansas' Slayer Statute affect an heir’s right to inherit from a decedent’s estate?
Detailed Answer Under Kansas law, the slayer statute prevents someone who unlawfully and intentionally causes the death of a decedent from inheriting from that person’s estate. Kansas codified this rule in K.S.A. 59-2137. The statute states that a person who feloniously and intentionally kills the decedent is treated as if they predeceased the decedent. As […]
Read article →How does title transfer for an inherited home with no will and multiple heirs in Kansas?
Disclaimer: This article is for general educational purposes only. It does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney. Detailed Answer When someone dies in Kansas without a valid will, they die “intestate.” Under Kansas’s intestate succession laws (K.S.A. 59-6a01 et seq.), the decedent’s assets—including real estate—pass to heirs […]
Read article →What steps are involved in a Medicaid estate recovery claim against inherited property in Kansas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice about your situation. Detailed Answer Under Kansas law, the Medicaid estate recovery program allows the Department for Children and Families (DCF) to recover certain costs paid on behalf of a Medicaid recipient after age 55. Inherited […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in Kansas
Detailed Answer What Is Medicaid Estate Recovery in Kansas? Kansas Medicaid must seek repayment for certain long-term care and related expenses from the estate of a deceased recipient. Under K.S.A. 39-709, the state can file a claim against the recipient’s probate estate, including inherited property, to recover those costs. The goal of the hardship waiver […]
Read article →Can I Appeal a Probate Court Decision Removing a Personal Representative in Kansas?
Detailed Answer In Kansas, a personal representative (also called an executor or administrator) may be removed from estate administration under K.S.A. 59-2239 for neglect, misconduct, incapacity or failure to perform duties. If the court issues an order removing the personal representative, you have the right to appeal that decision. To start an appeal, you must […]
Read article →How to Determine Intestate Heirs of a Father's Estate in Kansas
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer When someone dies without a valid will (intestate) in Kansas, the estate distributes to heirs under Kansas’s intestate succession laws. Follow these steps to identify the rightful heirs of your […]
Read article →Does the personal representative have to provide me a copy of the accounting in a probate matter in Kansas?
Detailed Answer Under Kansas law, a personal representative must file accountings with the court and provide copies to interested persons. Kansas Statutes Annotated (K.S.A.) §59-2239 requires the personal representative to prepare an account of all receipts, disbursements and distributions. The representative must file that account annually or at other times ordered by the court and […]
Read article →How to Determine What Assets Remain in an Estate After Paying Debts and Fees in Kansas
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer Under Kansas probate law, an estate must pay valid debts, administrative expenses, taxes, and statutory allowances before distributing remaining assets to beneficiaries. Follow these steps to determine what assets remain after debts and fees: 1. Inventory All Estate Assets The personal […]
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