Legal Question in Wills and Trusts in Kansas

Re: All are wills subject to Probate in Kansas

Probate is required for many estates. Ks has a Simplified Estates Act which for smaller estates or estates with little or no contested property distrubution allows for a straightforward and simple administration of an estate.

Probate gets expensive when (1) there is no will; (2) there is property to be distributed which is contested; (3) there is property to be distributed and it is not clear who is entitled to it; or (4) when the family and heirs fight over daddy's estate. If your father has a small estate (less than $500,000)and there are no problems or potential problems with the future disposition of his property and you have a really good and specific will, it is unlikely that probate would be expensive. Probate is not always bad - it can be helpful to settle arguments or compromise confusion.

On the other hand a properly created trust can be helpful for larger estates, may help avoid some tax liability, can avoid probate entirely. The cost for a trust varies with the size and complexity of an estate. Be wary of out of town peddlers of trusts. You should ONLY work with a Ks. licensed attorney. There are a lot of hucksters out there who are not attorneys who sell trust packages for more than they are worth. An attorney should interview your father to ascertain all of the legal ramifications of his desires and needs, and then should also draft the trust.

Note that everyone should have a will and/or a trust including powers of attorney; living wills and health care directives.