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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41035
Experience:  Texas lawyer for 30 years in Estate law
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Here is the situation with names to assist in resolution.

Customer Question

Here is the situation with names to assist in resolution. Don has died. He has 1 biological child David. Don's spouse Carol was deceased 3 years prior. Carol had no biological children of her own, but 1 step daughter Vicki who is now the executrix of Dons Estate held in a Trust. The estate specifically says David is to receive nothing. Now, a death benefit from Dons final employer says it does not pay to a Trust but only to heirs. Spouse first, then to surviving children. So: Does Vicki have any legal claim to the benefit?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Kansas
JA: What documents or supporting evidence do you have?
Customer: A trust legally prepared.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can't think of anything.
Submitted: 8 months ago.
Category: Estate Law
Expert:  RayAnswers replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 8 months ago.

No as you present this Vicki is not a child Of Don's.She is a step child as you present it with a different father than Don.Don's benefit would be payable to his only legal child as the survivor and the terms of the death benefit.The wife Carol here predeceased

Don so the share goes here to David the only biological son.A step child here is not a blood relation and would not inherit according to the terms of the employer that says it passes to surviving child.Again a a step child is not a blood relative and would not qualify as an heir under the terms above.

I appreciate the chance to help you tonight.Thanks again.

Expert:  RayAnswers replied 8 months ago.

Children’s Shares in Kansas

If you die without a will in Kansas, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)

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For children to inherit from you under the laws of intestacy, the state of Kansas must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.

  • Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do.
  • Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
  • Children placed for adoption. In Kansas, children you placed for adoption and who were legally adopted by another family are entitled to an intestate share of your estate. (Kansas Statutes § 59-2118.)
  • Posthumous children. Children conceived by you but not born before your death will receive a share.
  • Children born outside of marriage. If you were not married to your children’s mother when she gave birth to them, they will receive a share of your estate if your paternity has been established under Kansas law.
  • Grandchildren. Your grandchildren will receive a share only if their parent (your child) has died before you do.

If you want to read the law, Kansas Statutes § 59-501 covers parent-child relationships.