Legal Question in Wills and Trusts in Kansas

My biolgical father died 2 years ago this month, probate was filed in Jan. of 08. My younger half brother is the administrator. the inventory and valuation was estimated at $425,000 and I have 2 half brothers and a half sister for this to be divided. After a year my brother took 65k in cash and spent it on misc bills, utilities etc down to 25k. then that leaves 3 vehicles and the house that im aware of. the house did not go onto the market until Jan of 09 and was pulled off the market in sept 09 and still not been sold to the best of my knowledge. the estate's extention was due october 1st 09 but nothing has been filed and letters from my lawyer to the estate lawyer have been unanswered. At this point im wondering if I have any options? my lawyer essentially was hired to make sure that i was listed as a heir which has been done but beyond that im not sure what i can do. between the accounting filed last year and what the house was listed at there seems to be about 50k missing. there are people living in my fathers house and his rental house but as of the accounting from Feb 09 no rent was listed and the estate has been paying utilities. I have spent nearly 5k of money I dont have and im just not really sure what i can do at this point.

Thanks


Asked on 10/07/09, 8:38 am

1 Answer from Attorneys
Keenan Post Post Warren Lindstrom, LLP

Your question does not advise what county your father's estate is being administered in; that would be helpful to know.

When real estate is involved an estate can take a long time to close, however, the executor must consider the cost and risk of continuing to own the real estate and may need to sell the same, even at a price the executor may not desire. As far as people living in the real estate, there should be some sort of rental agreement in place, and at a minimum the people living in the real estate should be paying the utilities (versus the estate).

Please give me a call to discuss further.

913.341.7800 x103

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Answered on 10/12/09, 12:14 pm


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