Legal Question in Real Estate Law in Kansas

Before my oldest son died in a car accident 4-25-12, my oldest & youngest had a brother argument and parted ways...my youngest moved out of the farm house they were sharing and the oldest evidently filled out papers for theft charges on him for taking things he does not have. Some of the charges were so bogus. The oldest never followed through before his untimely death. My ex, both the boys father, now wants to follow through with his deceased son's "wishes". Can a father continue with charges that were never filed by the deceased againist his own youngest living son?


Asked on 7/10/12, 4:31 am

1 Answer from Attorneys
Anthony Smith LawSmith

If your ex becomes executor of your sons estate, he may be able to pursue a civil suit against the younger son. But, without the elder son to testify, it will be a tough case to prove. For that reason, it is unlikely that a criminal case will be prosecuted.

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Answered on 7/11/12, 10:23 am


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