Legal Question in Wills and Trusts in Kansas

If an individual has a Will and its states that the individual beqeaths the family property to the wife or spouse can they also in the same will [paragraph] give the wife or spouse's property to the daughter upon the wife or spouse's demise?


Asked on 8/19/09, 6:51 pm

1 Answer from Attorneys

Keenan Post Post Warren Lindstrom, LLP

As a general rule a Will can establish what is called a "life estate" in one person (the spouse) and a remainder interest in the same property to the daughter upon the spouse's death. This allows the husband to provide for the benefit of his wife is she survives while at the same time ensuring that the property ultimately passes to his daughter upon the wife's death (rather than persons designated by the wife - who I assume is not the mother of the daughter). A better way to handle this situation is with a trust whereby the property is managed by a trustee for the wife and upon her death (or other triggering event, such as remarriage, etc.) the property is distributed to the daughter. A trust does not have to be expensive or complex but I do believe is a superior option to a life estate. If the husband has in fact passed away the Will must be admitted to probate within 6 months from his date of death, or at a minimum, filed with the Court within 6 months from his date of death. Good luck.

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Answered on 8/31/09, 11:58 am


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