Legal Question in Wills and Trusts in Kansas

40 year old will where the competant one died first

My uncle who supposely had over a million dollars, died with a 40 year old will. It is my understanding that that will stated that all his money went to his wife, if she survived him. But if he survived her it was to be divided between his 5 brothers and sisters. All the brothers and sisters, are dead except my mother who is 84 yrs old and not in good health. My Aunt had a servere stroke 10 months ago, and my uncle was paying all her assisted living bills. It is my understanding that she is in and out of reality. In her will I believe that is she went first then 24 percent was to go to her sister and the the balance to my uncle's brothers and sisters. How 2 questions: 1. what happens if the will is not changed and my mother dies before my aunt and my aunt has not changed the will. 2. What if my aunt changes the will( I do not believe that is is capable of even understanding that there is a will at this point. But lets say somehow some family member of the younger generation somehow get a new will. When under Kansas Law could that be done. Any advice you have about how I can protect my mother's interest. I would appreciante. Sue


Asked on 5/05/03, 10:42 pm

1 Answer from Attorneys

James Rupper Powell, Brewer & Reddick

Re: 40 year old will where the competant one died first

Your question is sufficiently unclear as to make an answer difficult. You would be well advised to pay an attorney for his time to discuss the matter so that a complete understanding can be had and the various facts examined. Your expectation of inheritance is contingent on your Uncle dying first, then your mother. I'm uncertain as to how the Aunt plays a role. I recommend that you lay all the facts before an attorney.

Read more
Answered on 5/06/03, 11:00 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Kansas