Legal Question in Wills and Trusts in Kansas

My mother passed away in December 2011 and the only asset is her home, in which I live. Her home was purchased through an FHA loan without a down payment in November 2011. (Her first payment was due after her death and I have made every payment, on time, since its purchase.) I am trying to purchase the home or assume the loan. The bank's loan department isn't sure of the procedures in Kansas. Through my own research it would appear that I need to petition a decree of descent. My brother is the only other heir and he has no interest in the home and is willing to provide a written, signed, and if necessary notarized statement as to that fact. (He lives several hours away in another state and likely could not attend court due to his work schedule and travel involved.) I am unsure of what I need to do to start this process. Is there a form I can fill out to take to the court or someone I should call at the courthouse? What would I need to bring to court? I hate to spend a lot of money/time if a lawyer isn't necessary. There isn't going to be any legal battle or distribution of multiple assets. Essentially I just need a statement saying the house passes to me so that I can assume the loan or preferably the bank can issue a new loan as interest rates are lower. Thank you for any help and of course, for your time!


Asked on 5/15/15, 6:00 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It is possible to do what you seek Pro We (in your own.) But, so many people screw it up, that you should at least hire counsel to draft your documents. Otherwise, you risk losing the house, and/ incurring a huge tax.bill. Go see a probate practice attorney in the area where the house is located. Many offer a free or low cost initial consultation.

Good luck

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Answered on 5/28/15, 9:51 pm


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