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Co executor in Kansas won't pay beneficiary in Michigan

Lansing, MI |

My father died dec 2008 and my brother and step sister were named co executors. She lives in Kansas and my brother and I live in Michigan. The estate was closed this past January. Kansas law requires estate to be closed before final settlement. Now she won't pay us. What advice do you have for me?

Attorney Answers 5

Posted

Attorney Shultz is correct. A harshly-written letter from an experienced Kansas probate attorney may push your step-sister to do her duty as an executor. If not, your newly-retained attorney will get the probate court involved. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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Posted

Thanks for all of the good advice. The stern letter from my father's estate attorney threatened a lien on her farm and I think that got the job done. I got my check in the mail last week!!!!

Joseph Michael Pankowski Jr

Joseph Michael Pankowski Jr

Posted

Fantastic! Have a great Memorial Day weekend!

Posted

You need to contact a probate attorney in Kansas to take appropriate action.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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Posted

The other attorneys are correct. The court in Kansas has jurisdiction. You should not delay in consulting an attorney as there may be statutes of limitation which could bar the claim after a certain period of time.

This answer is intended to provide legal information, not legal advice. Legal advice should be provided by licensed attorney only after full disclosure of all facts. If you desire a no-obligation consultation to obtain legal advice, please contact me at 586-268-4463.

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Posted

Use avvo to find a probate attorney in Kansas don't sit on this.

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Posted

The proper court is the court that handled the estate, whether in Kansas or elsewhere. Other than that, I agree with the other answers you have received. You need to find a probate lawyer in the county where the court is located. Time is of the essence.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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