Legal Question in Wills and Trusts in Kansas

I am married and live is Kansas. I am wondering if my inheritance from my mother's estate is solely mine or if it is marital property? My husband and I have a trust with items and divisions delineated prior to my mother's death. I want to know if I need to make changes to insure that these moneys remain with me alone and then with my 2 children after my death?


Asked on 2/04/14, 2:46 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Inheriited money is separate for terms of division of property in a divorce, if it isn't comingled. Upon the death of the spouse, they can, by will express their wish that the separate moneys go to specific beneficiaries. But, surviving spouses have some say over what happens to their deceased spouse's probate property. If the children (of both spouses) are still minors, than the surviving spouse will likely be the trustee/custodian of the funds set aside for the children.

It sounds like the only way for you to maintain access to the funds and better ensure that it goes to your children is to deposit into a bank account as Joint tenants with your child(ren) or put a TOD designation on the account. Other than that, you might need to adjust your present trust documents.

Good luck

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Answered on 3/28/14, 3:13 pm


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