- Jurisdiction
- Kansas
My brother passed away a few months ago requesting me as the executrix to his estate.
He was married at the time of death and they had a post nup in place. The spouse is now trying to declare almost all of his assets as joint possessions. This is being done because of a gray area in the post nup stating once money goes into a joint account, then the property paid for with that money is now joint possession. This is what I'm being told anyways.
In his will, he left her household possessions at his farmstead and some TOD POD accounts. Then the rest of his estate went to me. I believe most of the land will be okay because it was paid for before he entered the picture and his name is the only name on the deeds.
This is my biggest concern. Almost 5 years ago, I signed a warranty deed selling him a small amount of land. He built two very nice buildings on the land with a verbal understanding that if something happened to him, it would go back to me. Which, as the will is written, I inherited all of his property.
She is now saying the buildings were built using funds from a joint checking account. She is wanting me to give her 100% possession of both buildings and the land, then in turn, she will give up trying to get any if the other property.
I really want to be able to keep the two buildings for several reasons. This was land that belonged to my parents, its close to my home, he had so much love in building them and getting them ready for use and I know his true wishes were for them to go to me.
Does she really have any legal ground to stand on? Also, if so, should the amount in question be for just "her half" of the buildings?
Also, the land went back to me, she never paid for any of it from the joint checking.
So now we have potentially my land with possibly 50% of the buildings being hers.
Please help me try to understand how I should approach this.
Thank you so much for your time.
He was married at the time of death and they had a post nup in place. The spouse is now trying to declare almost all of his assets as joint possessions. This is being done because of a gray area in the post nup stating once money goes into a joint account, then the property paid for with that money is now joint possession. This is what I'm being told anyways.
In his will, he left her household possessions at his farmstead and some TOD POD accounts. Then the rest of his estate went to me. I believe most of the land will be okay because it was paid for before he entered the picture and his name is the only name on the deeds.
This is my biggest concern. Almost 5 years ago, I signed a warranty deed selling him a small amount of land. He built two very nice buildings on the land with a verbal understanding that if something happened to him, it would go back to me. Which, as the will is written, I inherited all of his property.
She is now saying the buildings were built using funds from a joint checking account. She is wanting me to give her 100% possession of both buildings and the land, then in turn, she will give up trying to get any if the other property.
I really want to be able to keep the two buildings for several reasons. This was land that belonged to my parents, its close to my home, he had so much love in building them and getting them ready for use and I know his true wishes were for them to go to me.
Does she really have any legal ground to stand on? Also, if so, should the amount in question be for just "her half" of the buildings?
Also, the land went back to me, she never paid for any of it from the joint checking.
So now we have potentially my land with possibly 50% of the buildings being hers.
Please help me try to understand how I should approach this.
Thank you so much for your time.
