Probate

Why an Inherited House May Not Be a Probate Asset in Kansas — Can You Pay the Mortgage to Avoid Foreclosure?

Detailed Answer Short answer: An inherited house may not be a probate asset when ownership passes automatically outside probate (for example, by joint tenancy, a transfer-on-death/beneficiary deed, trust ownership, or another nonprobate mechanism). But a mortgage on that house does not vanish when the owner dies. Lenders can pursue missed payments and foreclosure regardless of […]

Challenging a Sibling’s Use of a Deceased Parent’s Bank Account in Kansas

Detailed Answer This answer explains how Kansas law treats use of a deceased person’s bank account before anyone is appointed to administer the estate, and what you can do if a sibling withdraws or uses estate funds (for example, to pay a mortgage) without court authorization. This is educational information only and not legal advice. […]

Kansas: Forcing Return of Sentimental Items from a Sibling During Probate

Can a family member be forced to return sentimental items taken during probate? Short answer (FAQ style): Under Kansas law, you can often ask the probate court to order the return of estate property that a sibling (or anyone) removed improperly. The probate code gives the personal representative (executor/administrator) and interested heirs the authority to […]

Applying to Serve as Administrator of an Intestate Estate in Kansas

Can I be appointed administrator of my mother’s estate in Kansas when she died without a will? Short answer: Yes — if your mother died intestate (without a will), a Kansas probate court can appoint an administrator (also called a personal representative) to manage and settle the estate. To start, you generally file an application […]

Kansas Probate: Must an Administrator Post a Bond or Can Heirs Waive It?

Will the Court Require a Bond for an Administrator in Kansas Probate? Detailed Answer Under Kansas probate practice, the probate court commonly requires a fiduciary bond from someone appointed to serve as administrator of an intestate (no-will) estate. A bond protects the estate and its creditors and heirs by ensuring the fiduciary will properly account […]

Kansas — Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds

How to enforce or dispute an oral agreement dividing wrongful death proceeds in Kansas Short answer: Under Kansas law, the cause of action for a wrongful death generally proceeds through the decedent’s personal representative and the proceeds are distributed according to Kansas law. Oral agreements about how the wrongful death recovery will be divided can […]

Kansas: How to Get Court Approval to Release Estate Funds When Beneficiaries Disagree

What to do when estate beneficiaries dispute how to split funds — a practical guide under Kansas law Detailed Answer When a decedent’s money is in probate but beneficiaries disagree about how the money should be split, the personal representative (PR) — sometimes called the executor or administrator — has to proceed carefully. The PR […]

Kansas: Selling Estate Real Property Facing Foreclosure When a Co-Administrator Refuses to Sign

Can an estate sell a house that’s facing foreclosure when a co-administrator refuses to sign? Short answer: In Kansas, you generally can ask the probate court to authorize a sale or to resolve the deadlock. The court can (1) permit a sale even if a co-administrator won’t sign, (2) appoint a sole administrator or successor, […]

How to get all owners to approve the realtor before you market a Kansas property Short answer If more than one person or entity owns the property, make sure the person(s) with legal authority sign a written listing or written consent before you market the property. That usually means getting written signatures from all co-owners […]

Kansas — Does leftover money from selling a parent's home get distributed under the will?

What happens to leftover sale proceeds from a parents' home under Kansas law? Detailed answer — who gets the money after the house is sold and debts are paid? Short answer: It depends on how title to the house was held and whether the home becomes part of your father’s probate estate. If the house […]