Wichita, Kansas Probate Practice Areas & Legal Definitions

The Wichita, Kansas estate planning attorneys of Morris, Laing, et al have decades of practice representing clients in estate and probate matters, and offer legal solutions in the following areas:

Kansas Probate:

Probate is the legal process of transferring property following a person's death. Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will); his or her property is collected, certain debts are paid from the estate, and the property is distributed accordingly.

Kansas Wills:

A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death. Wills can also contain instructions regarding the care of minor children, gifts to charity, and formation of posthumous trusts. In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses, and he or she must be mentally competent and not acting under duress or under the controlling influence of another. For more information related to Wills, please contact the Wichita, Kansas estate planning lawyers of Morris, Laing, Evans, Brock & Kennedy, Chtd.

Will Contest Litigation:

A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:

• the testator lacked mental capacity; i.e. was senile, delusional, or of unsound mind at the time the documents were created
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation
• there are ambiguities in the document, or
• the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court, depending on state law and the specific facts and circumstances, may: disallow only the part of the Will that was challenged; throw out the entire Will, distributing the property as if the person died without a Will; or use the last previous Will.

Kansas Trusts:

Trusts are estate-planning tools that can replace or supplement Wills, and can also help manage property during life. A Trust manages the distribution of a person's property by transferring its benefits and obligations to different people. Maintaining assets in a Trust often makes it easier to minimize taxes and leave a larger inheritance. A Trust is also a way to provide a steady income to the Beneficiary over time (as opposed to distribution in a lump sum), thus reducing the Beneficiary's tax burden, allowing the Trust to grow through investment, and keeping assets free from creditors of the Trust beneficiary. Trusts can also be established for the benefit of charitable organizations.

Probating Estates:

Estates are categorized as probate or non-probate property. Probate property is property that is transferred by the provisions of a Will. Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

Kansas Estate Planning:

Good estate planning is more than just a simple Will. It minimizes potential taxes and fees (including Federal and State gift and estate taxes), and sets up contingency planning to make sure wishes regarding health care treatment are followed before and after death. A good estate plan also coordinates what happens to a home, investments, business, life insurance, employee benefits (such as a 401K plan) and other property in the event of disability or death.

Kansas Powers of Attorney:

Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal), to another (attorney-in-fact or agent).

When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions for the incapacitated person. One of the ways to avoid government or court intervention, and the appointment of a stranger to act as your guardian, is to use a Power of Attorney. A Power of Attorney is a written document that can be limited in scope, or it can allow one person to give another the full power and authority to represent him or her. There are two types of Power of Attorneys; one covering assets, and one covering health care decisions.

If you or someone you know in Wichita, Kansas, or within the surrounding cities and counties of Kansas needs the assistance or legal counsel of an experienced probate lawyer, contact Morris, Laing, Evans, Brock & Kennedy, Chtd., today at 866-286-4316, or use the contact form provided on this site to schedule your initial consultation.