Legal Question in Wills and Trusts in Kansas

Unwritten items in an estate

How are items in an estate divided if the deceased did not designate that they go to someone in particular? Power of Attorney is a member of the family, do they decide who gets what or should it be divided equally among the siblings?


Asked on 11/22/05, 7:57 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Unwritten items in an estate

You have not provided enough information to give you a definite response. A power of Attorney ends at the death of the person. If an watate has been opened, then there is a Personal Representative (executor) of the estate. As to personal property that has little monetary value, there are not cler guidelines. If you desire aspecific item, make it known to the Personal Representative. If the item has value, then it may have to be sold to equally divide the proceeds of the estate to the heirs at law. It is possible that the heirs by agreement can allow a beneficiary to take property in place of soem or all of the moenyt that they would otherwise get.

If there is a Will admitted to probate, then it probaly already says who gets the stuff. Items not specifically bequeathed becmoe part of the residue or remainder of the estate. Many will says who get the residue/remainder.

Good Luck

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Answered on 11/23/05, 10:15 am


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