Legal Question in Wills and Trusts in Kansas

Re: Rights of heirs, survivorship etc.

If you choose not to present the Will to the Court for probate, and choose not to allow other heirs to view the will, you may get yourself into some trouble. If you also choose not to show it to a co-executor named in that will, you may damge your credibility so much tht you could be vulnerable to a claim that you used undue influence over yoru mother to obtain her assets outside of probate to the detriment of her heirs at law. I would never adcise a client to not allow children of a deceent from seeing the decedent's will. If this all comes to light, you may have ahard time convincing a judge that you had a legitimate reason to hide the will.

As to making copies, your logic seems more sound. You should not make copies to be distributed around. However, if you have not presented the will to probate, nor givne to other heirs, you have no real authority to do anything with the property that should be included in the estate. If the time to present the will expires, you may be persoally liable to the heirs and possibly the creditors of your mother.

I suggest you get a probate attorney to examine the will and the other docuemtns you described. They can advise you more thoroughly of your options. Otherwise, you run the risk of getting yourself in trouble that you might still be able to avoid.

Good Luck

Re: Rights of heirs, survivorship etc.

Please accept my sympathies upon the death of your Mother. I would advise you to file the Will with the Probate Court in the County where your mother resided. Then, your brother can read it, and obtain a copy, at the Courthouse. Also, although the home, bank account, and safe deposit box seem to be outside of the estate, you should consult with an attorney to see whether any further action needs to be taken in the Probate Court.