Probate

[Katrina Woods]

Jurisdiction

Kansas

Fact the most important fact…. I can not afford an attorney and Kansas Legal services apparently does not help with any situation in which requires you going to court to stand up for yourself nor does any agency including the district court provide you with tools such as forms to assist you in standing up for yourself however if you commit a crime the state represent you for free…
Bitter Betty moment over…
I would like to know how do I apply for sole ownership of my mothers home…. My mom got sick in 2005 in Milwaukee visiting me, due to the severity she could not return to her home I cared for her at my home until she passed in 2008… my sister passed the year before her ( had 1child) …. In 2017 after making numerous trips between Milwaukee and Kansas I wanted to seek my property move home to my moms and renovate it no one objected so I did I moved in 2018 began renovations payed past taxes from 2014 to present no objections or assistance spent every thing I had…. I did not know until I went to pay the taxes that the home was still in my moms name I asked my brother to start probate to put the home in my name due to the fact that I am disabled with limited income and would qualify for programs to assist me with the bigger items ex..furnace roofing windows everything you need to continue living in a home but he died last year from Covid… now my sisters child feels that she has a right to the property which if fine but where was that right $25;000 ago.. they say I have to co deed with her so does that mean she reimbursed me for my money? And how do I file a partition? I filed for a probate hearing but the estate attorney for my brother said no they will dismiss it which I don't understand because my moms house has not went through probate? Which I don't even know how they can force me to co deed a property without a court appearance? Can someone help me? Even if all you have to offer is instructions on what to do and which source to cite I would appreciate it… thank you

 

[army judge]

I would like to know how do I apply for sole ownership of my mothers home…

Please accept my condolences upon the passing of your beloved mother.

May you one day find peace and solace for her influence over your life.

A person doesn't apply for ownership of real estate.

If your mother died without a will, the KS law of intestacy determines how her assets MUST be divided pursuant to law.

If your mother left a valid will, the will identifies who receives what and when according to the decedent's wishes.

Usually a will must be probated, unless the estate falls into what is termed the small estate exemption.

Who are the Legal Beneficiaries in the Event of My Death If I Don't Have a Will?

The Kansas intestate succession laws state that the beneficiaries of your assets depend on whether you have children or other relatives living when you die.

If you have children, but no spouse, your children will inherit your assets.

If you have a spouse but no children, your spouse will inherit your assets.

If you have both a spouse and children, your spouse receives 50% and children equally share the other half of your assets.

If you have parents but no spouse or children, your parents inherit ALL of your assets.

If you have siblings but no spouse, children, or parents living, your siblings inherit your assets; divided equally among their numbers.

Half-relatives equal whole-relatives under Kansas intestate succession laws, so if you have a sister born to the same father but a different mother, she is still entitled to an intestate share of your assets.

Relatives will receive their intestate share of your assets regardless of their immigration status, and any relatives conceived before you die, but born after you die are still entitled to their intestate share.

The law does state, however, that that anyone who feloniously causes your death or arranges your death will not receive a share of your assets.


2020 Kansas Statutes :: Chapter 59 - Probate Code :: Article 5 - Intestate Succession

 

[flyingron]

I'm sorry for your loss, but you don't get ownership rights either for caring for the previous owner or making repairs or improvements to the house. There is nothing to "apply" for. The remains of the estates after any debts are taken care of go to the children equally if your mother died without a will (including any children of your deceased sister). You should make claims for the taxes/repairs against the estate as well, they should come off the top before things are split up.

A partition is premature. Either the estate will sell the house (if it is needed to pay some of the debts or if you all agree) or you will inherit it together. A partition won't end up with you owning it. The settlement of a partition action (which will take YOU getting and paying for an attorney) is almost always the sale of the property.

 

[zddoodah]

In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

they say I have to co deed with her so does that mean she reimbursed me for my money?

Who are "they"? What money?

I filed for a probate hearing but the estate attorney for my brother said no they will dismiss it which I don't understand because my moms house has not went through probate?

Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask.

Can someone help me?

Anonymous strangers on an internet message can offer you no more than general information.

As best as I can understand your post, your mother died 13 years ago and was survived by two children (you and your brother) and one grandchild (your sister's child). You didn't tell us whether she had a will and, if so, what the will says. It appears that no one bothered to probate the estate shortly after your mother's death, but you did make a reference to "the estate attorney for [your] brother," so maybe he has recently sought to probate the estate. Is that correct?

If we assume your mother had no will, then you, your brother, and your sister's child are entitled to equal shares of the estate. Assuming the house is the estate's only asset or only significant asset, it probably should be sold and the proceeds divided between the three of you. However, if the three of you can agree to something different, then virtually anything is possible.

 

[adjusterjack]

you did make a reference to "the estate attorney for [your] brother," so maybe he has recently sought to probate the estate. Is that correct?

He died last year.

 

[zddoodah]

He died last year.

I think you're right. I missed it because of the garbled mess that is the original post. That being the case, the last two paragraphs of my prior response should read as follows:

As best as I can understand your post, your mother died 13 years ago and was survived by two children (you and your brother, who has since also died) and one grandchild (your sister's child). You didn't tell us whether she had a will and, if so, what the will says. It appears that no one bothered to probate the estate shortly after your mother's death. Is that correct?

If we assume your mother had no will, then you and your sister's child are each entitled to a 1/3 share of the net estate, with the heirs of your brother's estate being entitled to the other 1/3. Assuming the house is the estate's only asset or only significant asset, it probably should be sold and the proceeds divided as indicated. However, if you, your sister's child and the heirs of your brother's estate can agree to something different, then virtually anything is possible.

 

[Zigner]

I think you're right. I missed it because of the garbled mess that is the original post. That being the case, the last two paragraphs of my prior response should read as follows:

As best as I can understand your post, your mother died 13 years ago and was survived by two children (you and your brother, who has since also died) and one grandchild (your sister's child). You didn't tell us whether she had a will and, if so, what the will says. It appears that no one bothered to probate the estate shortly after your mother's death. Is that correct?

If we assume your mother had no will, then you and your sister's child are each entitled to a 1/3 share of the net estate, with the heirs of your brother's estate being entitled to the other 1/3. Assuming the house is the estate's only asset or only significant asset, it probably should be sold and the proceeds divided as indicated. However, if you, your sister's child and the heirs of your brother's estate can agree to something different, then virtually anything is possible.

Do things change because the OP's sister predeceased mom by a year?

 

[zddoodah]

Do things change because the OP's sister predeceased mom by a year?

Just to be clear, this all assumes no will. A will changes everything.

A has three children: B, C and D. B and C have no children of their own, but D has two children, E and F. The other parent of B, C and D predeceased everyone involved.

D dies in 2010. A dies in 2011. B also dies in 2011 -- about 90 days after A.

Under the intestate laws of pretty much every state, when an unmarried person dies without a will and is survived by issue (i.e., lineal descendants), the net estate is divided among the issue on a per stirpes basis. In this example, because A had three children, the initial division is in thirds. The two children who were still living when A died each get a third of the net estate. Had D not predeceased A, D would be entitled to the other third. However, because D predeceased A, the other third goes to E and F as the issue of D. E and F will split D's third, so they get 1/6th each.

If we assume A's estate is not settled by the time B dies, then B's share goes to B's estate.

Something very similar to this happened when my mother died intestate a while back. She had 5 kids. Two of the kids predeceased her, and one of those two had two kids (the other had no kids). Another of my siblings died before my mother's estate was fully administered, so the distribution looked like this:

Child 1: 1/5 (20%) + (1/4 x 1/5 from child 3 (5%) = 25%
Child 2's estate: 1/5 (20%) + (1/4 x 1/5 from child 3 (5%) = 25%
Child 3: Predeceased
Child 4: Predeceased
Grandchild A: 1/2 x 1/5 (10%) + (1/2 x 1/4 x 1/5 from child 3 (2.5%) = 12.5%
Grandchild A: 1/2 x 1/5 (10%) + (1/2 x 1/4 x 1/5 from child 3 (2.5%) = 12.5%
Child 5: 1/5 (20%) + (1/4 x 1/5 from child 3 (5%) = 25%