Legal Question in Wills and Trusts in Kansas

My husband is the legal guardian of his sister hwo has downs syndrome. She is mentally and physically disabled. His mother died 6 years ago. It has been the misson of he and his oterh 3 sisters and 1 brother to keep her is the family home. We have 24 hours a day care which is funded by medicaid and medicare. The 5 kids own the home. The disabled sister does not. My question is this...No one in the family wants to do any of the minimal lawncare for the home. It was decided albeit verbally that since my husband and I own a lawn service that our service would provide the servce and would be paid at the time of the sale of the home when the sister either passes away or is moved to a nursing facility. I have the documentation of the date of the decision. but after 6 years the bill is around $20,000.. There is one sister that we found was telling the others she was going to make sure we did not get this money. My husband is also the executer of the estate for the sale of home which was a trust. Could she come back and fight us on this money. This could go on for some time and I am worried for my business.


Asked on 9/20/10, 10:28 am

1 Answer from Attorneys
Anthony Smith LawSmith

If yoru husband is unconvinced that his siblings will ive up to the verbal agreement, then he shoudl hav eit put into writing, singed by al lthe siblings. Otherwise, he should make demand that the others pay their share of the lawncare services now. He could exmpt any that sign the written agreement. Have an attorney draft the agreement and explain how to have the others execute it.

Good luck

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Answered on 10/15/10, 3:18 pm


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