Legal Question in Wills and Trusts in Kansas

My father died two years ago. There are 12 siblings in the family. One brother is on state aid due to a permanent brain injury. Two brothers are the executors. One of those brothers in an attorney. The estate involves a large farm, equipment, home, and stock. The value is $1.2 million total. Our distribution was suppose to be approximately $150,000 each. Two other brothers want to move to the farm and continue farming the land together. In order to do this, they would each pay the estate $152,000 in order to buy one of the large parcels of from us. A letter was sent to us in July stating that our brothers money was due by August 25th. We were informed this week one brother does not have the money because he could not sell his property in Maine. Now one executor wants to delay settlement of the estate and give our brother another year to save the money. We do not want any further delays and would like for the land to be divided equally in order to settle the estate. There is no provision in the will allowing a delay in order for an heir to save money to purchase property from the estate. Do we have the right to force distribution? How do we go forward with it?

Signed,

Frustated

Asked on 8/20/10, 8:41 am

1 Answer from Attorneys

Keenan Post Post Warren Lindstrom, LLP
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I too am from a family with a significant farm in western Kansas so undertsand the issues very well.

There are a lot of possible options to consider, some that are very simple and some that are not as simple. Ultimately it comes down to how much resistence the Executors are willing to put up with the risk the court will assess fees and costs against them personally. I would be happy to personally visit with you if you can call me at 913.341.7800 x103. Good luck in any case,

Keenan Post

Read more
8/25/10, 8:57 am

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