Legal Question in Wills and Trusts in Kansas

Dads passed

My dad recently passed and i found that he had a will from 1980. this will does not include the house that i live in which is mortgaged in his name,due to going through a divorce and i did not have credit to refinance or purchase the house. My brother and i do not get along and he has taken control of everything,i dont want him to mess with my house since i have lived here for the last six years. But im very stressed that thats coming. Do i go ahead and make the payment,which is a large payment? in fear that my brother is going to cause problems and leave me broke with no house? I have contacted an attorney,but he has been out of town and i am totally stressed. Please help me i would greatly appreciate it..


Asked on 6/10/09, 11:55 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Dads passed

You have an attorney, and therefore, I cannot give you advice specific to your case. However, there is a limited time in which to submit a will for probate. If a person dies intestate (no will admitted to probate) their assets will be divided among their surviving heirs, with axceptions for creditors that come forward and assert a valid claim. Let your attorney know that you are aprehensive about your situation. Perhaps the attorney or someone from their office, can ease your mind. Ask them the specific question about whether to make the house payment.

Good Luck

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Answered on 6/11/09, 1:58 pm


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