David Preston Crandall’s Answers

David Preston Crandall

Shawnee Mission Estate Planning Attorney.

Contributor Level 9
  1. KS state estate law, beneficiairies to life insurance funds

    Answered about 5 years ago.

    1. David Preston Crandall
    2. David Alexander Phipps
    2 lawyer answers

    In Kansas, insurance proceeds payable to a beneficiary who has died before the death of the insured are payable to the insured's estate. This requires the opening of a probate estate, and the disposition of the proceeds will be governed by the insured's will, if any. You must hire an attorney to open a probate estate in Kansas.

    2 lawyers agreed with this answer

  2. Do administrators of an estate have to notify beneficiaries? If so, how do they do that and in what time frame?

    Answered about 5 years ago.

    1. David Preston Crandall
    1 lawyer answer

    The simple answer to your question is yes, the beneficiaries of a decedant's estate must be notified, and yes, the administrator of the estate must demonstrate that required notices were given. The timeframe for the notification is when the probate estate is opened, and at various points afterward, including the closing of the estate. If a will is involved, the Kansas estate must be opened within six months of the decedent's death or the will is no longer effective. However, it would...

    1 person marked this answer as helpful

  3. Can a spouse sell her home, deeded under joint names with husband, following his death? Any issues with probate laws <

    Answered about 5 years ago.

    1. David Preston Crandall
    1 lawyer answer

    There are three types of joint ownership recognized in Missouri. Whether or not the surviving spouse has the absolute right to sell the home (without the necessity of probate) will depend largely on which type of joint ownership is listed on the deed. The deed will need to be examined by an attorney to answer your question. Even if the joint ownership is such that the title passes to the wife without probate, then a new deed should still be filed with the Recorder of Deeds in Jackson...

  4. What steps need to be taken for someone to open an estate in probate?

    Answered about 5 years ago.

    1. David Preston Crandall
    1 lawyer answer

    Opening a probate estate is done by filing opening documents with the court. The exact type of documents that need to be filed depend on the value of the estate, who the petitioner is, and whether there is a will. Yes, a lawyer is needed to open a probate estate. No, the person who opens the estate (signs the petition to probate) is not automatically appointed as the administrator. The court will appoint the person who is most appropriate depending on (1) what the will, if any says and (...

  5. Are my stepchildren entitled to anything and do I have to probate?

    Answered about 5 years ago.

    1. David Preston Crandall
    2. Robert John Murillo
    2 lawyer answers

    Robert is right. It's difficult to answer your question directly without more information. There are two different kinds of joint ownership in Kansas. What most people expect is called Joint Tenancy with Right of Survivorship. With this kind of joint ownership, the survivor(s) automatically take title to the property after the decedent dies -- no probate is required. But this kind of joint ownership is not the legal default. Special language is required on the titling documents to make...

  6. Are wills of the deceased open to the public?

    Answered about 5 years ago.

    1. David Preston Crandall
    2. Robert John Murillo
    2 lawyer answers

    In Kansas, probate estates are usually opened in the county of the decedent's last residence. This is also usually where the bulk of the decedent's property is, but not always. If your grandmother had a will, and if the will was used to probate her estate, then, yes, it is available to you. You will need to contact the probate court of the county of her last residence. Ask if a probate estate was opened for her (if not check some other counties where a probate estate might have been...

  7. Does interest continue to add up on credit card accounts during probate?

    Answered about 5 years ago.

    1. David Preston Crandall
    2. L. Maxwell Taylor
    2 lawyer answers

    Max is right. It will greatly depend upon the agreement your husband had with the card issuers. But, three things to keep in mind: First, if you are not an authorized user of the account, then you are not obligated to pay the debt personally. It is a debt that must be paid by your husband's estate, but only if the card companies properly and timely file their claims. Second, anything your husband purchased with the cards (as well as anything else he owned at his death) may be used to...

  8. Who can open probate when there is no spouse and no living relative with enough funds to hire a lawyer?

    Answered about 5 years ago.

    1. David Preston Crandall
    1 lawyer answer

    Anyone with an interest in the estate (any potential heir or person with interest in the property to be distributed - like a creditor) may open the estate in probate. A bond is not required to do so. However, a bond would typically be required of the person appointed as Administrator of the estate. If there are adequate assets in the estate, you could petition the court to appoint a neutral third party (like a lawyer or CPA) as the Administrator. The bond (if required) and fees of the...

  9. What happens to the money if a house is sold and parents are in a nursing home at the time of sale?

    Answered about 5 years ago.

    1. David Preston Crandall
    1 lawyer answer

    There are options to save part of your estate to pass on to your children, but you must engage in some advanced asset protection planning to do so, and the sooner you do so, the better. This is a very complicated area, and you have not provided nearly enough information for me to give you a straight yes/no answer, but I will try to give you some general guidelines: Someone will have to pay for the nursing home. If you do not have the money, you could qualify for Medicaid. If both you and...

  10. Can you transfer power of attorney from an individual from one state to another in another state?

    Answered about 5 years ago.

    1. David Preston Crandall
    1 lawyer answer

    If the existing Power permits the Agent to name a successor, co-agent or alternate agent, then this is possible. If not, then the Principal (the person who signed the Power) will need to execute a new Power naming you as Agent. Of course, this can only happen if the Principal is still competent. If the Principal is not competent, and the existing Power lacks the necessary provisions, you will need to open a Guardianship and Conservatorship proceeding in Probate court.

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