Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

Here is the situation with names to assist in resolution.

Customer Question
Don has died. He has...
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: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
11/11/2016
Estate Lawyer: RayAnswers, Attorney replied 1 year ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,502
Experience: Texas lawyer for 30 years in Estate law
Verified

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.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 1 year 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.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 1 year 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.)

Related Ads

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.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 1 year ago
Ask Your Own Estate Law Question
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,502
44,502 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

44,502 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
My brother and I are Heir to our father's estate, our sister
My brother and I are Heir to our father's estate, our sister is a court-appointed executor. It came to our attention that our sister is hiding assists in the estate. She has presented an accounting th… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
Illinois If you are an Executor and Heir of a Estate can you
Illinois If you are an Executor and Heir of a Estate can you Pro-Se a Wrongful Death litigation against another party?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
If an heir is unlocatable and unable to sign their warranty
If an heir is unlocatable and unable to sign their warranty deed how can we move forward with filing a title that includes their portion … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
44,502 satisfied customers
My husband passed away intestate...has a small estate
My husband passed away intestate...has a small estate consisting of a car. I would like to sell it, should I get an estate lawyer. My husband has a few credit card bills I need to pay. CC were only in… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
44,502 satisfied customers
I am executor of my uncle's estate and the only heir he
Hello! I am executor of my uncle's estate and the only heir he named in his will. He had several cars in his possession at the time of his death. One of the 4 he had in his possession for 6 years, but… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
Sold heir) of my late husband's (an attorney) estate. I have
I am PR (and sold heir) of my late husband's (an attorney) estate. I have been collecting fees due him from former client (minor represented by guardian/mother, who also was a clientr). I feel that cl… read more
RayAnswers
RayAnswers
Attorney
44,502 satisfied customers
As an heir to my mother's estate, I am having a great deal
As an heir to my mother's estate, I am having a great deal of difficulty with the lawyers. My lawyer is rude and demeaning. The lawyer HE put in place because of the legal issues with my brother (usin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What papers do i need to apply for death benefits. Wv. By
what papers do i need to apply for death benefits JA: What state are you in? It matters because laws vary by location. Customer: wv JA: Has anything been filed or reported? Customer: yes by funeral ho… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
My aunt is sole heir on her brothers estate we have been
My aunt is sole heir on her brothers estate we have been wondering if it is easier to just leave the house in her brothers name rather than going through probate, which can be very expensive, the hous… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
I am the sole heir for my mother's estate, the Executor for
I am the sole heir for my mother's estate, the Executor for her will, and the Trustee for the Trust her estate is in. The main item in the Estate is a Co-Op apartment. Because the Trust means there wi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
I am a heir to an estate my wife and I have lived in the
I am a heir to an estate my wife and I have lived in the house since it was purchased, a sibling who lives out of state is the exsecator of the estate is trying to evict me. I purchased her interest y… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,167 satisfied customers
Should heirs named in a will get inventories of estate, Wv,
Should heirs named in a will get inventories of estate … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
As executor and sole heir of an estate, in New York State,
As executor and sole heir of an estate, in New York State, what is the process after the person has died? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
There are 8 heirs to my mother's estate. if one of the heirs
There are 8 heirs to my mother's estate. if one of the heirs pays the taxes on her properties do those properties become his? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Can heirs be paid hourly from estate funds before the estate
can heirs be paid hourly from estate funds before the estate closes for work done to prepare, clean and fix real estate for sale?… read more
RayAnswers
RayAnswers
Attorney
44,502 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x