Legal Question in Wills and Trusts in Kansas

Judgements from Missouri to Kansas Residents

I would like to know if you have a judgement form the stae of Missouri in a probate court aginst you can it be applied to you home or bank accounts if you are a resident in Kansas?


Asked on 3/14/07, 1:13 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Judgements from Missouri to Kansas Residents

You did not mention the type of Judgment, only that it came from a MO probte court. I will assume that it was for an amount of money deemed owed to the decedent or his estate. In nearly every case, a Judgment for money must first be entered or registered in the state in which the property is locted before it can be executed on in that state. Therefore, if the property is wholly in KS, the MO judgment must be registered in KS before a KS bank will be Ordered to pay the funds into the court. Beware, many large banks now have branches in both MO & KS, in which case the money may be garnsihed by either state. If the Judgment is registered in the District Court of the County where the Judgment Debtor owns real property, it is a lien on the that property. The ordinary defenses to a foreclosure on such a lien are many. But, if the property is sold or refianced, that lein would have to be dealt with.

If the MO Judgment is for inheritance or device of title to a peice of property that located in Kansas, the individual KS proabate Courts are not uniform in what they require to alter title. Some require an ancillary estate be opened before disposition, others allow it to be doien after the Missouri decree, and merely run through as simlar to registration of a money judgment.

Good Luck

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Answered on 3/14/07, 3:15 pm


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