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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36588
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My son passed away 01/28/2016. he was divorced in 2013. The

Customer Question

My son passed away 01/28/2016. he was divorced in 2013. The marriage produced two children, now ages 9 and 3 years old. Also had a daughter (now 21). Soon after his death his ex hired a lawyer. We were informed that a hearing was scheduled to appoint an executor for the estate. We are friends with a prominent Hays Kansas lawyer. He told us that the court would not appoint his ex-wife or his minor children as executor's. So we did not go, and the ex-wife was appointed executor. All things being fair an equitable ,we did'nt protest the appointment. (big mistake) She wants everything, including his clothes. He had a very meager estate, a 20 year old truck being the most valuable. After the divorce, they filed bankruptcy and he lost his car. I brought him the truck. I would like to keep the truck to sell to off set the cost of the funeral. Thank you for any help.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am very sorry to hear of your loss, please accept my condolences..

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Who paid for the cost of the funeral?

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How long ago was ex appointed as Administrator (if no will) of the estate?

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.thanks

Barrister

Customer: replied 1 year ago.
I did march 20th
Customer: replied 1 year ago.
there was no will.
Expert:  Barrister replied 1 year ago.

Ok, then in Kansas, you would have the right to file a "creditor claim" against his estate for reimbursement of the funeral expenses as that is something his estate is liable for. Creditors in KS have up to 4 months to file a claim with the Executor/Administrator of the estate to be reimbursed for debts owed by the deceased or by the estate.

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So you can file a creditor claim with the ex for repayment of the funeral expenses. You just need to write something up stating that this is a formal notice of a creditor claim for $XXXXX and then attach any receipts or invoices from the funeral home for the cost of the funeral expenses. Then you mail it to her first class and certified mail and mail a copy to the probate court clerk referencing the case so it can be put in the file.

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She would have a legal duty to pay off that debt before anyone else gets anything because funeral expenses get paid before anything else....even other debts.

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thanks

Barrister

Customer: replied 1 year ago.
Is this in addition to the $56 i originally agreed too.
Customer: replied 1 year ago.
already know that.
Customer: replied 1 year ago.
what is the total cost of a phone call. $115.00 ?????
Expert:  Barrister replied 1 year ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. Those offers are automatically generated by the site, not me personally. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

Customer: replied 1 year ago.
whats going on
Expert:  Barrister replied 1 year ago.

I am not sure I understand your comment... I work strictly on the website and am not sure if you saw my post about "creditor claims" and how you could be reimbursed for the funeral costs..

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thanks

Barrister

Customer: replied 1 year ago.
i already filed a claim for the funeral costs.
Expert:  Barrister replied 1 year ago.

Ok, I am not sure what else you would be seeking from the estate if the costs will be reimbursed. You initially stated you would like the truck so it could be sold to cover the funeral expenses. If you are being reimbursed from the estate, then you will have gotten what you asked for.

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The truck is owned by his estate now, not you since you gifted it to him. And if it had to be sold to pay estate debts, i.e. the funeral cost reimbursement, then the Administrator has the power to do that...

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Anything that is left over after all debts are paid would go to his children to be divided evenly.

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thanks

Barrister

Customer: replied 1 year ago.
I'll take my chances in court. Were done, no hard feelings. bye
Expert:  Barrister replied 1 year ago.

Ok, best of luck to you, but the law is crystal clear here about debts and who inherits..

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thanks

Barrister