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Gerald, Esq
Gerald, Esq, Lawyer
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Experience:  30 years of experience
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MY SISTER LIVED IN KANSAS, KS SHE RECENTLY DIED. SHE DID NOT

Customer Question

MY SISTER LIVED IN KANSAS, KS SHE RECENTLY DIED. SHE DID NOT LEAVE A WILL OR POWER OF ATTORNEY. WHAT WILL HAPPEN TO HER ESTATE.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am sorry for your loss. I hope the following will help you

When someone dies without a Will property passes by what is called "Intestate Succession." This is a fancy legal term for having property go to people based on what the Statutes of Kansas say about how property gets distributed when there is no will.

Some property will pass automatically. For example jointly held property with a spouse likely will go to the spouse.

Property with a beneficiary designation (for example deferred compensation plans and life insurance) will go to the named person.

The above are examples of property that passes "outside the estate." The remaining property will go to relatives in an order dictated by statute.

Generally the order is as follows:

Deceased had children but no spouse: children inherit everything;

Deceased had a spouse but no descendants: spouse inherits everything;

Deceased had spouse and descendants: spouse inherits 1/2 - descendants inherit 1/2;

Deceased had parents but no spouse or descendants: parents inherit everything;

Deceased had siblings but no spouse, descendants, or parents: siblings inherit everything.

This article will help explain in more detail:

http://www.nolo.com/legal-encyclopedia/intestate-succession-kansas.html

Here is the applicable law:

http://law.justia.com/codes/kansas/2011/Chapter59/Article5

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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