Legal Question in Family Law in Kansas

My son passed away in missouri. He leased a house in Missouri, but had all of his legal addresses, drivers license, hunting license, cars were registered in kansas, insurance was in kansas, filed taxes in kansas, voter registration was in kansas. would he be considered a kansas or missouri resident for us, his parents, to file for administrator of his estate? He has a two year old son that lives in missouri, but no spouse.He was born & raised in Kansas & attended college in Kansas. We own a Home Health Company & he had his office in his home. He did no business in Missouri, only lived there because of his son


Asked on 1/27/12, 6:48 pm

1 Answer from Attorneys

Anthony Smith LawSmith

It sounds like you may opt to apply for letters in either state, unless a person of interest objects. Often the decision comes down to where the most assets are, and where the executor/personal representative can serve.

Although you may have known everything your Son, did, the law requires that you assume he has another child somewhere. Therefore, you will be required to give Notice to the World. It might not hurt to advertise in both states.

This is genral evaluation based upon your general descritption. You need to consutl direclty with a probate attorney licensed to practice in both states. Many offer a free or low cost initial consultation. Go see one and let them give you guidance based upon the specific facts of your grandchild's situation.

Good luck

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Answered on 1/27/12, 7:15 pm


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