Legal Question in Civil Litigation in Kansas

Re: Death without a will.

Only in extreme cases are life insurance proceeds included in a decedent's estate. They normally pass outside of probate.

You said he was your brother-in-law, so I assume his wife has survived him. She can obtain a copy of the death certificate a few weeks after the death. She should not assume that he left no will. She should go to the bank where he or they banked and inquire as to any safe deposit boxes he may have had. Sometimes the wife is the last to know.

As to the debts, she needs to decide what she wants, and what she does not. If he had acredit card in just his name, she should write "deceased" on the bill and send it back to the creditor. If there is a vehicle loan, the lender should be told if there will be an interruption of payments. Often the title can be transferrred to the wife's name once she has the death certificate, without need for a court order.

If your brother-in-law was not married at the time of his death, sopemone needs to secure his assets. Among other tnings, that is secure his home, pick up his mail, maintain the house, pay the homeowner's insurance premium, among many other things.

If the decedent had minor children, someone needs to inform Social Security soon. The SSI process can take a while.

You mentioned that he was a murder victim, but none of the facts surrounding it. The survivors may have a civil claim against the murderers or others. They should consult with a attorney who can review the facts and advise them as to any claism they might have.

It may be wise ot consult with a probate attorney before concuding that the estate would be very small. Many provide a free initial consultation. Most charge so little for limited assistance, that it lifts the burdens of the survivors, so the cost is justified.

Good Luck