Keenan M. Post’s Answers

Keenan M. Post

Shawnee Mission Estate Planning Attorney.

Contributor Level 14
  1. Are annuities exempt from probate? Are there any situations when they are not?

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    Most annuities include beneficiary designations - so, if your uncle named beneficiaries on the annuities a death certificate and claim form will be submitted to the annuity company to determine options on collecting the annuity. If no beneficiaries are named, the typical default on an annuity is "the estate of the annuitant" which would then require probate as the proceeds would be payable to the estate. Please call if you need further assistance. 913.341.7800 x103 LEGAL DISCLAIMER Mr....

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  2. Insurance company mailed the check, so wouldn't they ask for the check or funds back? Check was not cashed while aunt was alive.

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    The heirs of the deceased person will either need to execute an Affidavit for Small Estates or file a probate proceeding, depending on the amount of the check. Call to discuss if you would like. LEGAL DISCLAIMER Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question....

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  3. Insurance company sent POA an annuity surrender check, Aunt passed before check was cashed. Can they still cash it?

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    Authority under POA stops at time of death so POA signing a check for the decedent after death would be void. Sometimes a POA goes ahead and signs after death not knowing any better, but now you do. Contact to discuss if you need further assistance. LEGAL DISCLAIMER Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide...

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  4. Trust accounting

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    Very difficult set of facts that will have to be applied to very specific terms of the Trust; if the Trust is not clear you will need to request court issue a declaratory judgment setting forth an interpretation of the language and its application to your facts. I would be happy to assist. LEGAL DISCLAIMER Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal...

    1 lawyer agreed with this answer

  5. Probate laws and procedure in KS, having trouble contacting estate's executor

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    As a beneficiary of your father's estate you have significant legal rights and your brother's failure to provide you information related to the probate estate and/or his role as trustee of funds being held for you, could be a breach of his fiduciary duties owed to you. If a probate case was filed on your father's death you should be able to access the probate court records or hire an attorney to do so. This would be a good starting point. Hope this helps.

    1 lawyer agreed with this answer

  6. My attorney is paid off?

    Answered almost 5 years ago.

    1. Keenan M. Post
    2. Bradley A. Coxe
    3. Jonathan H Levy
    3 lawyer answers

    Fire him and get a new attorney.

    Selected as best answer

  7. How is a beneficiary taxed on an annuity?

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    Annuities and other retirement type assets are somewhat unique in that they are both subject to inclusion in a decedent's estate for estate tax purposes, and potentially subject to income taxes when withdrawals are made by the beneficiaries named on the annuity. The good news is that you indicate the cost of the annuity is slightly less than the date of death value which generally means the amount of distributions subject to income tax on withdrawal by your mother will be limited to the...

    2 lawyers agreed with this answer

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  8. Is there a form available to fill out to settle an estate under $20,000.00 without getting a lawyer, that we can file??

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    Give me a quick call tomorrow and I will walk you through the simple process over the phone, free of charge. I grew in Dodge City and have fond memories of Summer livestock events in Wichita and friends from Newton. Give me a call at 913.341.7800 x103. If I don't answe please leave your name and number and I will call you back soon. Good luck. LEGAL DISCLAIMER Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/...

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  9. If an installment payment due on the 27th and I send a certified check by certified mail on the 27th, am I in default?

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    YOu need to look at the terms of the installment contract to detemine what it says about the due date - generally the payment must be postmarked no later than the due date; however sometimes it must be received by the due date - you really need to read the contract. With a great payment history payment I would think the recipient would offer some grace, whether allowed in the contract or not. Best of Luck LEGAL DISCLAIMER Mr. Post is licensed to practice law in KS and MO. The...

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  10. When a bank account has POD (pay on death) does that bank account become the legal property of the people named at time of death

    Answered almost 5 years ago.

    1. Keenan M. Post
    1 lawyer answer

    Yes, at the instant of death the account becomes the property of the named POD Beneficairies. Any signature authority of the person existing before death would terminate as theaccount now belongs to multiple parties. What you need to do is present a death certificate, the bank will then divide the account accordingly and issue a cashier's check for your portion. If you are concerned, be sure that the POD person with check writing authority did not write checks after death. Best of luck....

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