Legal Question in Wills and Trusts in Kansas

Re: father passed away without a will

First, let me say that I am not licensed in either Florida or Kansas, only in Alabama. In Alabama, powers of attorney terminate upon the death of the principal, your dad. Your sister's authority as Agent ended upon his death. In Alabama, if a person dies without a will, "Letters of Administration" must be obtained from the Probate Court in order to "probate" the estate. You as an heir would have to be notified of that proceeding. You could serve in that capacity yourself if you wanted to, but the Court would prefer a person in Kansas or Florida if that is where the property is located.

All life insurance would pass directly to the beneficiary without passing through the estate, so if you are a beneficiary, you would need to submit claim forms including a death certificate, in order to collect.

It might help to determine where your dad was a legal resident at the time of his death. He might never have moved his residency from Florida even if he died in Kansas. Contact a lawyer in that specific county who works extensively in Probate and pay for an hour's time. You will know a lot more when you leave her/his office.

Good luck!

Bill Nolan

www.NolanElderLaw.com