Legal Question in Wills and Trusts in Kansas

My Mom passed away. My sister and I are benficiaries and pod on all accounts. She owned no real property other than personal items. The only property she owned was her car. Do we have to go through probate.


Asked on 10/29/10, 9:52 am

1 Answer from Attorneys

Anthony Smith LawSmith

You are really asking two questions. !) do I have to go through probate to get these tiems transferred to my name, AND 2) Am I potentially liable if I skip probate.

As to qu3estion one, it sounds like yrou mother planned so that many if nto all of her items wil ltransfger outside of probate. As long as the Departetn fo REvenue will trnasfer title of the vehicle with just the death certificate and an affidavit of heirship, you may be able to get those tiems. There is seldom a writtne title for personal effects, so whoever possess them can posses them, as long as no one objects.

As to question two, you may be vulnerable, if only slightly. As long as the claim period is in effect, there could be potential heirs or creditors that come forward to claim a portion of your mother's estate. If that happens and you have taken or sold the items, then you may be laible to that heir or creditor for the value of those items. It sounds like perhaps only your mother's car and personal effects But, you may be cheating yourself by avoiding probate, in that there may be other assets out theret hat your mother forgot about, and you will never learn of..

Good luck

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Answered on 11/03/10, 11:28 am


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