Legal Question in Wills and Trusts in Kansas

Re: In the event of a death

There are several questions that need to be answered before one can answer your question about who is entitled to the father's belongings. First, did the father leave a will? Was that will properly probated? If he did not leave a will, then even more issues arise. I am sorry that I am not able to answer your question; however, with such limited information it is not possible to answer the question in this forum. It sounds like the mother received everything upon the father's death - presumably this was by will. If so, then the mother's property (including the property she received from father in his will) would pass according to her will. If she doesn't have a will, then it passes according to state laws regarding intestate succession (this is when a person dies without a will). If you live within driving distance of Kansas City and would like to have an attorney assist you in figuring out your options, feel free to give me a call at (816) 444-1172. Best of luck with the situation.

Re: In the event of a death

Your question ignores several factors that must be taken into consideration What kind of property and how much is it worth? Did the father have a will? Did the mother? Wills specify how property is disposed of by the owner. If no will was written, then the father's property(if enough) should have been divided between the spouse spouse and biological child. If the child did not obtain control of the property upon the father's death and the mother obtained control, then the property would be viewed as part of her estate upon her death. I assume that the step-daughter is the biological child of the mother. The step daughter would be mother's heir and would receive her estate. One cannot even be certain about this tenative conclusion because there are insufficient facts presented with regard as to why the property was not probated on the death of the father. I would recommend that you seek the advice of attorney who can better advise you because he will be able to obtain the remaining facts. He or she then can determine what course of action is available, if any. If you are near Wichita,KS, please feel free to call me at my firm 316-265-7272.