John Somers Robb’s Answers

John Somers Robb

Newton Estate Planning Attorney.

Contributor Level 8
  1. Do I need to file probate if the only remaining assets is a checking account and I am the sole beneficiarie and relative?

    Answered about 1 year ago.

    1. John Somers Robb
    2. Ruth Elaine McMahon
    3. Danny L. Curtis
    3 lawyer answers

    If you are certain there are no additional assets, I would not go to the expense of filing the will. It appears that there are no assets for the will to operate on. You have 6 months to file the will before it becomes void in Kansas. If something pops up within the 6 months you can still file it if there is not another way to pass the asset (like a small estates affidavit.) even if the 6 months passes and an asset pops up, you are the sole heir and it will pass to you via a determination of...

    2 lawyers agreed with this answer

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  2. We live in Kansas. If I get alzheimers and go to an institution, will my wife eventually lose everything?

    Answered about 2 years ago.

    1. Steven J. Fromm
    2. Joseph Franklin Pippen Jr.
    3. John Somers Robb
    3 lawyer answers

    In Kansas and most other states this issue involves state Medicaid eligibility issues. In very simple terms, Kansas has a Medicaid program to pay for medical expenses if a person does not have resources to pay for their own medical expenses. The rules of the program are governed by Kansas law, within the framework allowed by federal laws. In Kansas, a person qualifies when they have non-exempt assets of $2000 or below. Long term care in a nursing home is considered a medical expense that...

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  3. Does Durable Power of Attorney override someone named first on the deed to the house?

    Answered over 2 years ago.

    1. John Somers Robb
    1 lawyer answer

    The "powers" of the power of attorney end at mom's death. The order that names are listed on a deed does not matter. If it is NOT a "Transfer On Death" deed, all the names listed on the deed have current ownership interests in the house now. If it IS a "Transfer on Death" deed, then the listed names only get rights in the property at the death of the last owner of the house. The answer to your question depends on which kind of deed it is. If it is a Transfer on Death deed, then your mother, or...

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  4. What is the best and cheapest way to either give land or money from sale to my mother-in-law?

    Answered over 2 years ago.

    1. Jason Robert Lewallen
    2. Martin L Bearg
    3. John Somers Robb
    3 lawyer answers

    I agree with Martin to a point. The best scenario depends on who has the lowest marginal tax rate, you or your mother-in-law. If your rate is lower than hers, then you are best off to sell it and give her the money. If her rate is lower, you are best off to give the land back and let her sell it and pay the tax. Not mentioned above in your question is Medicaid. I am not licensed in Arkansas, only Kansas, but the laws should be similar. If mother-in-law has potential health issues that may...

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  5. What happens when Trustee refuses to act?

    Answered over 1 year ago.

    1. Kari Dawn Coultis
    2. John Somers Robb
    3. Steven M Zelinger
    3 lawyer answers

    It is unclear from the facts whether mother is still living and suffering from dementia or whether she has died. If mother is still living, it is highly probable that the trust provides for mother's property to be used for mother's benefit during her lifetime and then pass at her death to you. If this is the case, your right to the property would not ripen until mother's death. Until then, the trustee must manage the property for mother's benefit, which would not include prematurely giving it...

  6. Redemption Rights in Kansas

    Answered over 2 years ago.

    1. John Somers Robb
    1 lawyer answer

    Your mortgage company is correct that the redemption rights do not begin until the sheriff's sale. Prior to the sale you are in possession of the house and can transfer possession as you like. After the sale the holder of the redemption rights is entitled to possession of the house. The redemption rights give the holder (1) the right to possession and (2) the right to redeem the house after the sale by paying into court the amount of the bid at the sale. I don't know that the redemption right...

  7. Can u get emacipated at 16 in Kasas during a custody battle?

    Answered over 2 years ago.

    1. John Somers Robb
    1 lawyer answer

    Techinically the answer to your question is yes. Practical considerations may make his plan un-waorkable. In Kansas the district court can confer the rights of majority. KSA 38-108. This procedure requires petitioning the court by the next of kin and notice to interested parties. The remedy is discretionery with the court upon good cause shown. In your case, the parents would have notice of the proceeding and an opportunity to object. It is rare when a court would grant majority rights over the...

  8. How can I (a Marylander )obtain a legal guardianship of my nephew (both of his parents are in jail) who lives in California?

    Answered over 2 years ago.

    1. Mark William Oakley
    2. John Somers Robb
    2 lawyer answers

    I am not licensed in California, but in Kansas the correct course of action would be to petition the district court to have yourself appointed Guardian and Conservator for the child. The proceeding requires notice to all interested parties, which would seem to include both parents and the grandmother. If nobody objects, the court will most likely appoint you. If you get objections, then it will be up to the court to do what is in the best interests of the child. At least that would be the drill...

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  9. How to force trustee of trust to provide accounting for last 6 years, total secrecy with no communication to any beneficiary

    Answered almost 3 years ago.

    1. Richard Michael Morgan
    2. Loraine M. DiSalvo
    3. John Somers Robb
    3 lawyer answers

    While Wisconsin has not adopted the Uniform Trust Code, its provisions may be persuasive upon a Wisconsin court if there is no specific Wisconsin law on topic. Most adoptions of the UTC provide that a trustee has the duty to inform and report to all "qualified beneficiaries." (Kansas KSA 58a-813) It also provides that this duty is not invoked if the income beneficiary is a surviving spouse and all qualified beneficiaries are issue of the surviving spouse. This would tend to negate any duty to...

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  10. My sister has cancer. My niece has not had contact with her biological father in over 4 years and wants nothing to do with him.

    Answered almost 3 years ago.

    1. C L Huddleston III
    2. David L. Carrier
    3. John Somers Robb
    3 lawyer answers

    I agree that the time to act is now, while your sister can provide input. Although terminating the father's parental rights is a more permanent solution, it often brings almost violent oppostion from the father. A solution more likely to work would be to have your sister simply petition the district court to appoint you as the guardian for the child. Notice would have to be given to the father, but it likely won't bring the violent oppostion that a move to terminate parental rights would bring....